Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-04
Daily Nsnnebse journal
SUSTAINS THE LAW.
Court Declares Kennebec Water
District Legally Created.
May Take Property Of Maine Water
Co. at Appraisal.
Riqht OF Eminent Domain May Be
ConstitutionalIy Exercised.

The law court has handed down
decision in the case of the Kennebec
Water District, in equity, VS.. the city
of Waterville ct ais. The rescript is
by Justice Emery and is as follows:
1. The special act, Chap. 200 of the
Special Laws of 1899, Incorporating
the territory and people constituting
the city of Waterville and the contig-
uous Fairfield Village Corporation in
to body polite and corporate for the
purpose of supplying the inhabitants
of such territory and the said munich
palities and the towns of Benton and
Winslow with pure water for domcs-
tbs and municipal purposes, is within
the legislative power and is not for
hidden by the constitution. The act
having been approved according to it's
terms by majority votes of the city
of Waterville and the Fairfield corpor-
alton at legal meetings the said ter
ritory and people have become body
polite and corporate under the name
of the Kennebec Water District, as
provided in the act, and as such pos
sess all the powers conferred by the
act.
2. The Kennebec Water District has by
said act the power to acquire by pur-
chase or by exercise of the power of emf
nent domain the entire plant, property,
and franchise, etc, of the Maine Water
Company within the district and the
towns of Benton and Winslow by pro-
Ceedings az set forth in the act. The pur-
pose for which this exercise of the pow
of eminent domain is conferred upon
the Kennebec Water District is public
purpose. and the Legislature is the sole
judge whether the public eXigency re-
qures such condemnation.
3. The trustees of the Kennebec Wa
ter District having failed to agree with
the Maine Water. Company upon the
terms of purchase the former is entitled
as provided in the act to have three APP
praisers appointed by the court sitting
in equity to appraise and fix the amount
of the compensation to be paid by it to
the Maine Water Company for its proper
ty so condemned. t
4. The Maine Water Company is
not entitled by the constitution to a
jury trial upon the question of the
amount of such compensation, and the
provision in the act for determining
that amount by three appraisers APP
pointed by the court instead of by a
5. The fact that by the act all other
persons and corporations (other than
the Maine Water Company whose
property is taken under the act can
have damages or compensation as
sessed by jury does not bring this act
in conflict with the XIV amend
ment of the United States Constitution
as denying the Maine Water Company
the equal protection of the laws. The
right of that company to just cOmpen-
sation is fully recognized. No greater
right is conferred upon others. The
only difference is in procedure.
g. The fact that the Maine Water
Company has issued its bonds and
mortgaged its property to secure them
and has also assumed fixed permanent
obligations to Waterville and other
municipalities to supply them with
water do not exempt its property and
franchises from the power of eminen,
domain These are mere incidents, to
be considered in the appraisal
T. The fact that the debt Of the city
OF Waterville already exceeds the pei
cent. debt limit permitted to cities and
towns by the constitution, does not pre-
vent the operation of the act under which
the Kennebec Water District is to pro-
coed Nothing lawfully done or author
lied by the act can increase the munich
pal Indebtedness of the city of Water
Vile
/. Exceptions to the over-rulinG of the
demurrer over-ruled.
g Bill sustained with costs Case re
manded to the court below for further
proceedings in accordance with this opin
ion.
The following is the full text of the
law, passed by the Legislature of 1899
authorizing the creation of the henne
bee Water District:
Section l. The territory and people
constituting the city of Waterville ant
the Fairfield Village Corporation. shall
constitute a body polite and corporate
under the name of the Kennebec Water
District, for the purpose of supplying
the inha bitants of said district and o
the towns of Benton and Winslow ant
all said municipalities with pure wate
for domestic and municipal purposes.
Section .. Said district is hereb,
authorized for the purposes aforesaid
to take and hold sufficient water of thu
Kernebec river, the Messalonske'
stream or its tributary lakes, or TIL
epasticook river or its tributary lakes
and may take and hold by purchase o.
otherwise. any land or real estate nee
essary for erecting dams, power, reser
voirs or for preserving purity of thu
water and water shed. and for laying
and maintaining aqueducts for con
Quoting. discharging, distributing ant
disposing of water.
Section s. Said district shall b.
liable for all damages that shall b.
sustained by any persons or corpora
tons in their property by taking of an.
land whatsoever or mill privileges
within the district or water from Snow
pond, or by fiowage, or by excavatins
through any land for the purpose o
laying pipes, building dams or con
structing reservoirs. If any persons
sustaining damages as aforesaid an,
said corporation shall not mutual,
agree upon the sum to be paid there
for such person may cause his damag
to be ascertained in the same manne
and under the same conditions, re
strictions and limitations as are or ma
be prescribed in case of damages b
the laying out of highways.