The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-12-28
AN APPEAL.
North County
Towns
SEEK PROTECTION.
Will Ask Legislature To
Amend Certain Laws.

Clinton. Dec. 27-Legislatures pro-
verbally make laws as full Of holes as
a skinner, and the legislature of 1899
will be petitioned to put plug in a
hole that was left in the act of 1895
relative to metropolitan water sup
ply by the legislature of that year
Assistant Attorney General Halo
we'll discovered the hole, as was related
in The Spy some days ago, which told
how Mr. Hallowell had written letters
10 Clinton lawyers, saying that in his
opinion every one of. the actions for
land damages entered in the superior
court against the state could not be
heard in the superior court before
jury, but would have to be
heard in the supreme court, before
commissioners appointed by the su-
preme court.
CRless the program is changed, one
of these cases will come up before
Judge Hopkins in the superior court,
Boston. tomorrow, on Assistant At
torney General HalloWells motion to
dismiss.
Estate of Thomas *. Cunningham VS..
commonwealth will probably be Sc
lected as the case upon which to make
a test, although the case OF Nugent VS..
commonwealth may he selected.
In either event TIE principal argu-
ment for the plaintiffs will be made by
Judge w. Corcoran, who has been
called in by Attorney Jonathan Smith,
in the first instance, and by Attorney
Walter r. Dame in the second.
1t was from Mr.. Dame the Clinton
correspondent of The Spy learned this
afternoon the important fact that, no
matter what finding the court hands
down in the matter OF Mr.. HalloWells
motion, the plaintiffs viii undoubtedly
seek remedial legislation
Please, do not understand said
Me-. Dame. that formal arrangement
TO this effect has been made.
1t has not, But the problem has been
discussed between counsel and the
office of the attorney general, so that
we know what the common mind is.
But what do the plaintiffs want
with remedial legislation, if Judge
Hopkins shall decide against MIR. Hal
lowen's motion? VIII not that decision
apply TO all the cases and permit all
to be tried before d jury in the su-
perior court and is net that all the
plaintiffs seek?" asked the correspond
ent of The Spy.
THAT is what the plaintiffs want"
replied Mr.. Dame. ''but the decision of
t'c court would not be final. Natural
=. Mr.. HalloWell would desire a deci-
s'Cr by the supreme co - t. and there is
this remarkable popularity in the law,
that while the plaintiffs can appeal di-
rectly. in case a decision against them
is rendered, the state cannot appeal,
except after d particular case has been
tried out.
Il mean this: If my case of Nugent
Us. commonwealth should be selected
for a test case. and Mr. Hallowelrs
motion should be sustained, then 1
might appeal directly to the supreme
court: but if it should not be sus-
tanned. he could not appeal until the
case had been tried on it's merits. This
would be tedious process, involving
delay and anxiety to the claimants in
a decidedly greater degree than to the
state.
Recourse to the Legislature for an
amendment to the law or for an inter-
probation of the disputed sections, is
a simple, easy and adequate way out
Of the woods.
THE intent of the trainers of this
act certainly was not that claimants
should be kept out of the superior
court. even if the act, on Mr. Halo
wells motion, shall be so construed
Mr.. Hallowell has not, ! am sure any
purpose in his mind to make hardship
for persons who claim damages by
reason of their land or other property
being seized by the metropolitan water
board, and cannot be blamed for wish
ing to administer the act as he inter-
prets it, But the fact remains that if
the act is as he thinks. it is SO because
of an ambiguity in the language and
not in the purpose of the trainers of the
art.
i am convinced that the attorney
generals Office will not oppose the
proposed legislation"
If Judge Hopkins shall find against
the plaintiff in Cunningham VS. COM
lnonwealth, or Nugent VS.. common
wealth, what Mr.. Dame has said APP
plies with double force
The idea that it would be perhaps
best to go to the legislature for So
luton of the legal snarl, came origi-
nally as suggestion from Judge John
w. Corcoran in an interview which was
printed exclusively in The Spy.
From several sources the correspon-
dent of The Spy has learned that the
legislature will be called upon to in
9ervene, and that the state attorneys
Office and the several counsel for the
claimants are in practical agreement.
The hearing on Mr.. HalloWelPs mo-
ton would ordinarily be had before
the superior court sitting for Worcester
county, but Boston is selected by agree
ment for the convenience Of all the
parties.
When Mr.. HallowelIs motion comes
up for argument, there viii be a large
attendance Of Clinton lawyers. Near
" every lawyer in town is interested
in the motion through some client, and
few lawyers are interested through
several clients.
Attorney z. A. Evans has prepared a