Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-07

to agree with said Maine Water Com
pany upon the terms of purchase OF the
above mentioned property on or pelore
April Is, 1899. said Water Dlstrlct,
through its trustees, is hereby author-
lied to procure judicial appraiser ana
condemnation of said property by Dill
in equity filed in the supreme Judlciai
court for the county of Kennebec Tor
hatpurpose on or before May one
eighteen hundred and ninety-nlne, ana
Jurisdiction is hereby given 10 said
court over the entire matter, hciuhIIs
application of the purchase money, diS-
charge OF membranes ana transfer
of the property. For the purpose or
fixing the valuation thereof it shall APP
poirt three appraisers, one OF whom
shall be learned in the law and another
skilled in hydraulic engineering, none
of whom shall be residents of the
counties of Kennebc or Somerset, and
on payment or tender by SAID district
of the amount fixed, and the perform
ance of all other terms and conditions
imposed by the court, said entlre plant,
property, franchies, rights ana prlVl-
legcs shall become vested in said water
district, and be free from all liens,
mortga and membranes thereto
fore created by the Waterville Water
Company, or the Maine Water Com
pany. Said appraisers shall, upon
hearing, fix the valuation of said plant,
property and franchises at what they
are fairly and equitably worth, so that
said Maine Water Company shall re-
ceivt just compensation for all the
same. In their report said appraisers
shall state the date as of which the val
uation aforesaid was fixed, from which
date interest on said award shall run,
and all net rents and profits ACQUIRING
thereafter shall belong to the waite dis
trict. The court may confirm such re-
port, or reject it, or recommit the same,
or submit the subject matter thereof to
a new board of appraisers"
AS will be seen by the section quoted
the next thing to be done by the district
is to have the appraisers appointed. A
motion to this effect has already been
filed in court The selection of three
such men as required will of course not
be n very easy matter Those interest
ed in the district have three in. mind
that would be entirely satisfactory to
them but might not be to the Maine
Water Co.
But after the appraisers are appoint
ed it will be no small job that they will
face in appraising the value of the
property. The first paragraph of Sec
ton of the act says: Before COM
mission is issued to the appraisers,
either party may ask for instructions
to the appraisers and all questions of
law arising upon said requests or upon
other matters in issue may be reported
to the law court for determination be-
| fore the appraisers proceed to fix the
valuation of the property"
This may cause more delay. The
Maine Water Co. will doubtless be able
to find no end of questions of law to be
settled by the court and the law court
| is by right a slow moving body. The
| whole question is practically a novel
one and progress has to be made very
cautiously indeed. Some vital ques-
tons are concerned and the law court
will examine the ground pretty
thoroughly before taking a position.
| The decision just rendered has taken
about two years and there may be
| others almost important to be settled
| before the matter can be wholly adj
justed.
| II. u. Eaton, who has been the prime
mover in the movement, estimates that
| it will take about 10 years to clear the
| whole matter up. About half of the de-
cade has passed and the other half
with all its intricate problems is ahead.
Put it is the most notable fight for mu-
nicipal ownership ever made in the
State if not in the country.
When the matter is finally settled the
rights of the people in municipal
ownership will be a great deal
clearer and the way will be clearly
blaZed for other important movements.
| 1t is mighty battle that is being
waged and some idea of the tremend-
Gus power of the rights of property can
\ be gained by following it closely. 1t is
no easy matter to take the other fell
| lows property even when the right of
eminent domain is concerned.
The steps to be taken now are there
| fore the appointment of the appraisers,
with the settlement of all the attending
! intricate legal questions; then the work
of the appraisers themselves; then the
formal purchase; and then the control
| and management of the property ac-
quired and the improvements that are
necessary. 1t is a long and difficult
journey, but it can be accomplished as
the equally difficult one of the past has
been.