Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-05-18
Daily Sfatitbff Journal.
AN INJUNCTION
Asked for by Opponents Of
Waterville City Hall.
full Text Of the Petition Presented to
Judge Whitehouse, Friday.
Alter Hearing Both Sides, ihe Judge Names
May "a for a Hearing.


tition for an injunction restraining the
c;tv of Waterville, the City Hall Com
mission and NJ C. Foster & Son from
further proceedings in the construction
Of the new city building. Hon. f. F.
webb, complainants' attorney, was in
Augusta today and presented the petit
ton to Judge Whitehouse of the SUI
nreme court. Hon. Herbert NJ. Heath
anpeared for the defendants.
Mr.. Webb had put in whole week
on the petition, going over law very
carefully and ending by making the Pc
tition broad one, attaching to the city
the commission and the contractors.
Following is the petition as it APP
nears upon the court record.
STATE OF MAINE
Kennebec County: To the Supreme Jul
dciaI Court: In Equity:
The undersigned, Geo. w. Reynolds.
John N. Weber. c.. r. Caswell. Julian
u Tavler, Geo. H. Ware, c. II. Alden,
c. A. Henrickson Martin BlaisdeH, A. A.
plaisted Francis E. Heath, w. ii. X. Alb
hott and j. w. Philbrick, bring this bill
If complaint against the city of Water
vile the city hall commission. corpora
tion existing at Waterville, in said
county. and Moses c. Foster and Her
bert q, Foster, co-partnerS in business,
under the style and firm name of NJ. c.
Foster 4 Son. both of said Waterville,
and complaining:
T. Aver that they are owners OF real
and personal estate situate in the city
of Wateryille in said county; that they
are residents and taxable citizens of
said city of Waterville and liable to pay
taxes assessed upon their real and per-
sonal estate therein situate.
II. Your orators are informed and be-
llevc. and they therefore aver ana
charge. that the inventory and regular
valuation of the real and personal es-
tates liable to be taxed in said city of
Waterville for State. county and city
taxes. as it existed on the first day Of
April. A. ID. 1896. amounted to four mil
lion seven hundred and ten thousand
seven hundred and seventy-four dollars
"a 1910; and that said sum was the
amount of the last regular valuation oil
the real and personal estates of said city
of Waterville made by its assessors as
of April |. A. ID. 1896.
III That on the first day of February
A. D. 1891 and from that date to the date
of this complaint, the debts and liabli-
tiles which have been created by sad
city of Waterville. and then and now eX-
list exceeded. and now exceed five per
centum of the last regular valuation of
said city, viz: said sum of four million
seven hundred and ten thousand seven
hundred and seventy-four dollars eSi,-
7l0,1D; and that no part OF said dept or
liabilities consisted of funds received in
trust by said city nor of any loan for
the purpose of renewing existing loans
or for war, or of temporary loans 10 De
paid out of money raised by taxation
during the year in which they We're
made.
". That on the third day of June, A.
d. 1896. the city council of said city of
Waterville voted to create special
committee or commission. consisting OF
five persons. to be known as the new
city hall building commission, whose
duty 1t should be to advertise for plans
for new city building and consider all
propositions. plans. methods, means ana
ways for the building of new city
building.
v That on the Goth day of July, A. p
1886 the city council of Waterville voted
''That the new city hall building COM
mittee authorized under order No. -, pc
continued, and that they be authorized
and empowered to advertise ana receive
bids for new city building; ana that
said commission be further authorized to
employ George G. Adams to make ana
complete necessary alterations and pre-
pare suitable plans and working spec
iications for the proposed building, as
recommended in the report OF SAID com
mittee
d. 1896, said city council voted:
That the city hall commission be ana
is hereby authorized and empowered 70
advertise for bids by contractors for the
construction of new city building. ac-
eordng to plans drawn by George u.
Adams, or others. with notifications. II
necessary, so that said city building may
be built for a sum not exceeding seventy
five thousand dollars (SIo,000) including
furnishings: and that said building com
m how full a
close a contract or contracts, in part or
in whole, with any contractor or con-
tractors. giving a part or whole TO one
as they deem best; and that IL they thlnh
II Tor the interests of the city, they nav
fun authority to excavate for founda-
ton by employing men by the day or
week. but that no contract shall be made
by said commission which shall call Tor
the expenditure of more than twenty
four thousand dollars ($240oO) during the
current year"
VII That said commission. acting I'M
der the authority conferred upon 1t by
said city of Waterville, caused lot o.
land owned by said city, located in SAD
city. and known as city hall lot. to be en-
larged by the purchase of other lands,
and to be prepared for the erection of "A
city building: and contracted with an
architect who made plans and speclii-
cations for said city building which were
approved and accepted by said commits
F''h anu ny seild tils siid tiiiPi'ys'
architect to superintend the erection OF
said city building.
VIII. That on the Sth day of February.
A ID. 1897, a contract was made by said
city Of Waterville with Moses c. Foster
and Herbert G. Foster. both of said Wa
teryille, co-partners. doing business under
the style and firm name of NJ. c. Foster
N Son. by which said city building was
to be erected by said Fosters for the sum
OF sXty-nine thousand nine hundred and
ninety dollars 1863. $500. said building to be
completed on or before January l, A. d..
1SyS; for which said city of Watervilic
agreed to pay said Fosters said sum of
500 $50
The terms of payment to be made by
said city to said Fosters of said sum of
@9S90 We're. as your orators are informed
and believe. and therefore aver, to be
made monthly on or before the tenth day
of each month. for the calendar month
chitect and approved by the new city
nall building commission, for work and
materials that had been built in and
formed permanent part of the build
ing, the said city of Waterville retaining
twenty per centum monthly of the es-
umated value of the work completed.
ana the final payment to be made thirty
one days after the Work had been com
pieted and accepted by the architect and
me new city hall building commission
Ihat subsequently. viz: on the - day
vi April, A. d. 1897. said contract and
pans and specifications were modified
ana amended by the said city acting