The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-02-24
FoXCRoFT MUST PAY.
Town Responsible For the Hale
Notes.
INVOLVES NEARLY $500 FOR EACH
POLL In TOWN.

Opinion Drawn by Judge Emery Made
Public Yesterday-Court Holds That
the Dishonest Official Closer.
Bangor, February. 23.-As intimated in
the PRESS of yesterday. the law court
of Maine, has settled the cases. known as
the Hale note suits-that series of actions
arising from the defalcation of Judge
Elias Hale, the suicide town treasurer OF
Foxcroft Five cases went from the Su-
preIne Court to the full bench, and others
were in course of preparation. All were
brought by plaintiffs who held the notes
executed by the dead treasurer as a part
of his dishonest dealings.
In all of these five cases the law court
rulos for the plaintiffs, and against the
town of Foxcrofu. The opinion in the
case, which may well be regarded as one
of the most important of its kind arising
in New England, in many years, was
drawn by Mr. Justice Emery. The opin-
ion will be accepted with the greatest in
terest by attorneys, jurists and flnancers
parassa,larly and by the public in general.
,ut the country. Not many cases
=. are recorded.
~, of the case is not unfamiliar
,ople. Judge Elias Hale was
~ % ~ reasurer of the town of Fox
~ ~ in practically all the time
.,oi'' "Aio 1ire of him bond, nor de-
1.1 oo o4 71fnation of his books He
'n"iu on oA"' 70 be monument of in
was considered - g..
tegrity and any suge, ,a.rn hr.iness an.
nary precautions of IN, - A.. 80 -r.r.
piled to his service
promptly smothered. ..h +on
At length keen seiectman NV afyo;rs
began to look into-the treas, -. h.a
His rapidly growing discove, -, -
Just began to make sensation WI
dead body of Judge Hale proved Ia.
suicide, and led to the quick exposure
of his extended and heavy defalcations.
J, The holders of the notes held .the town
responsible for the payment of the oD-
legations. and the town went into court
on the ground that it was not responsible
for the proceedings of its treasurer. To
settle the responsibility of the town was
the purpose of the case.
The five cases brought TO the Law court
against the town are similar to the others
which are still pending an appearance.
The opinion will settle all of them, with
out doubt.
While the exact amount of the obliga-
t1on thus cast upon the town Is not
known, 1t is reokoned to be something be-
tween SI75, 900 and 5000, coo. 1t Is COM
monty set at, in easy figures sls5, ,0oo
The financial condition of the town of
Foxcroft is as follows:
Foxoroft's polls, 1890, 3s5
Real estate value, S4oo,ofS.uo
a tepest teuan' = - 0 1s5. 100000
mount uer poll, so
Judge Emery's finding contains about
5000 words but the spirit of the whole is
contained in this paragraph:
The citizens of the town not its credi-
tors. have the duty of watohfulness over
town affairs, town funds and town officers
and agents. If they are remiss-if they
choose dishonest or incompetent officers
If they omit to require ample guarantee
if they accept their reports without ex-
amination-and the funds lawfully bor-
rowed, or raised by taxation, are embez-
zled or wasted the loss must fall upon
the inhabitants, and not upon the
creditors of the town. So, If the inhabi-
tapts of q town become subject to burden
some liabilities by reason of the reckless
ness, or worse, of any town officer or
agent acting within votes too broadly
worded, or too conf1dingly passed, they
shonld attribute the result to their own
lack of wisdom and lack Of attention to
civic duty, and not te any harshriess of
tho law