Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-06-24

of the supreme court in regard to the
validity of the enabling act and the eX-
ecution of their trust. The opponents
Of the building had scored again.
The friends of the building had
sought the aid of the law making body
of the State and now the opponents
We're going a step higher and seek the
aid of the body that passed upon the
laws after they were made,-the law
court. This was the final step and last
resort. The side winning here might
without a doubt, be called the victor.
II the law court decided that the enabl-
ing act was invalid the whole thing was
settled.
The case was brought before the law
court in the form of bill in equity, an
Injunction being asked to restrain
further work on the building. The
whole question Of the legality of the
act of the legislature and the Com
mission it had created came up. Cher
Justice Peters and Judges Emery,
Haskell, Wiswell, Savage and Strout
heard the case. Judge Foster did not
sit rs he was related to one of the
parties in the suit.
There was a notable array of talent
employed in the case. The interests
Of the city, the Commission and NJ. G.
Foster & Son, the defendants, We're
cared for by Hon. Herbert NJ. Heath,
g. L. Andrews. II. l.. Eaton and w. G.
Philbroot. The plaintiffs. George W.
Reynalds and y other tax payers Of the
city, had the services r. f. Webb ana
j. W. Symonls. Such collection OF
legal stH,s before the law court of the
state meant q fight to the finish. And
a battle royal it proved.
The decision was against the defend
ants, although Judge Savage entered
brilliant dissenting opinion. But this
was the only crumb of satisfaction left
to the friends of the city building. The
other judges went against them and
the case was settled after every pos |
sible means mad been exhausted. The !
enabling act was declared unconStitu- !
tional ard consequently the Commits |
sion it created Illegal. The tangle had |
at last been Strengthened out but the |
fate of the building had been sealed.
When the decision of the court was
received the foundation had been |
completed. "A considerable |
amount of lumber and other material |
was on hand for the superstructurc |
But all work had to cease. The lumber |
was piled away and the foundation left |
as monument for one Of the hottest |
legal fights ever waged in the State.
And so things rested for many, many |
months. The hot sun of summer beat |
down upon the unprotected granite Of |
the founda ton and the SHOWS of winter |
siftcd in around the corners. In time |
the grass grew luXuriantly in the base
mcnt and +. fitzpatrick hired the whole |
thing for a lumber yard. Strangers |
who noticed the place wondered great |
ly. questioned, were told the story and !
went away laughing. Waterville's |
city hall was known throughout the
State. 1t was favorite above all ia
vorites with the end man in the travel |
ing MINISTRIES.
But as the months grew into years |
the whole thing was almost forgotten. |
The breach caused by the hot fight was
healed and no one spoke seriously of a |
new City building. The old han was
repaired as best it could be and put in |
some kind Of shape. and the people en-
durad the old settees and the battered !
ana worn scenery with much patience.
Under all the seeming Indifference. |
however. there were forces still at
work. The friends of the new building
had not forgotten their cause. and |
watched their chance for another bat
tie. Those who had opposed the build
ing so strenuously ana successfully
rested on their laurels and were
satisfied. They had fought the
fight well ana were not going many |
miles out Of their way looking for
more trouble. Rumors were heard now