Daily Kennebec journal., 1899-09-28
WHO IS LIABLE?
An Interesting Pauper Suit Goes 10
the Law Court.
Both Augusta and Pt!sfieId Sued By WinsIow
Attorneys in Doubt.

case of peculiar interest has been
handed up from the Superior court to
the law court in which the CITY of Al-
Susta is involved. II is a case in
which the attorneys are in doubt about
the outcome as it is something almost
entirely nav in the court uractice
1t is the opinion though that the city
of Augusta will lie free Of any liability
when the decision is given.
The case is one that involves n pau
per named Mrs. Lizzie Spaulding ana
il Is brought by the town of Winslow
through its attorney, e. r. Johnson.
ESQ. against the city Of Augusta TO
recover $3.50 for supplies furnished the
woman A the same time the town Of
Winslow has brought suit against the
town Of Pittsfeld for a like amount. not
knowing which of the two defendants
is responsible for the case of the
woman.
From the facts learned it seems that
the pauper in question. who now re-
sides in WinSlnW. was born in Dexter
and moved t. Pittsfeld with her father
in 1886, where She lived continuously
until she was II years of age, her
father gaining residence there and
never receiving pauper supplies. They
then moved away from Pittsfield. but
until 1871 they had never gained q resi-
dence in any other town. In that year
the woman married one John Higgins
who mad no pauper settlement in the
State OF Maine, and up to the time of
his death in 1882 had not gained one.
After the death of her husband. Mrs
Spaulding. then named Addie Carrie
Higgins. moved to Augusta in 1854
where she continued to live without re-
ceiving pauper supplies. on January
3, 1887. she married Henry Otis Spauld-
ing. who was then and ever since Jan
uary s. 1883. had been an inmate Of the
Togus home. He came to the home
from Providence. r. l.. where he was
resident.
Mrs. Spaulding continued to live in
Augusta until 1894. never receiving
pauper supplies. During her residence
here her husband was an inmate of the
Home. and from 1883 to 1893 was sur
geon of Il company there. receiving pay
for such services. but during the time
he was an inmate of the Home and
subject to its rules. He contributed
to the support of his wife and children
while they were in Augusta and sew
eral children We're born To them. In
1894 the said Addie Spauldng moved
to the town of Winslow and fell into
distress there. Spaulding continued to
be an inmate of the Home during his
wfe's residence there.
To these above stated facts the three
attorneys interested. C. F. Johnson of
Waterville for Winslow. J. H. Manson
Of Pittsfield for that town. and Thomas
Leigh. Jr for Augusta. have agreed
and instead of having a trial of the
case they drew up the agreement of
facts and the case was sent up to the
law court.
City Solicitor Leigh feels sure that
there is no legal hold upon the city of
Augusta for several reasons First.
the woman did not gain a residence
here before marrying Spaulding. That
she could not have gained a residence
here after this because her husband
did not, and the courts have ruled that
woman can not gain residence in a
place free of her husband. Spauld-
ing could not have gained a residence
because he was a resident of the Home
all Of the time and furthermore the
statutes provide in Chapter "a, Section
l, that a member of the ToguS Home
shall have a residence in the place
from whence he came before entering
the Home. and that home was in Prov
idence. In case they claim he was a
resident of the State of Maine then the
State will be liable for the support of
himself and family. as another section
of the statutes provides that in case a
veteran falls into distress and is as
sisted, who has come from another
state the town can collect such an
amount from the State as the Governor
and Council may deem a fair remun-
Grafton.
The woman gained no residence then
after leaving her father in Pittsfield at
the age of II. that being her fathers
residence at the time she was married.
so the attorneys believe that Pittsfield
is the responsible party in the case.
Mr.. Manson wishes to have the facts
so to the law court to be sure that
there is no way out Of his towns pay
ing the bills.
The outcome will be watched by the
lawyers Of the county with interest.