Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-08-02
FOR PLAINTIFFS.
Famous "Sawdust" Cases" De-
Cided in Their Favor.
Forty-Nine Saw and Pulp Mills Per-
manentIy Restrained.
They Must Not Throw Refuse Into
Kennebec or Its Tributaries.

Yesterday, Hon. Leslie c. Cornish of
this .city and Hon. Charles T. john
son of Waterville, counsel for the
Lockwood Co. of Waterville, and the
Hollingsworth & Whitney Co. of Wins
low, the plaintiffs in the now cele-
brated ''sawdust" cases, were notified
by Associate Justice w. P. Whitehouse
of the supreme court that he had de-
cided the most OF the cases in their
favor They We're directed to prepare
and file the proper DEGREES ordering a
perpetual injunction to issue against
the owners of 46 saw mills and three
pulp mills, restraining them from
throwing refuse of any kind or any
sawdust or screenings into the Ken
nebec river or it's tributaries.
This decision of Justice Whitehouse
ends one of the most peculiar cases
ever heard in any court in Maine. AS
is well known, the plaintiffs in the case
are located in Waterville and Wins
low, each situated on opposite banks
of the I<ennebec river The Lockwood
Co. owns and operates the large cotton
mill in Waterville, while the Hollings-
worth & Whitney Co. conducts a big
paper making establishment in Wins
low. For several years these concerns
have been bothered by wood refuse
getting into their mills and interfering
with the operation of their machinery.
After a careful investigation of the ex
listing conditions along the upper Ken
nebec and along the tributaries thereto
they came to the conclusion that their
only hope was to secure an order of
court restraining the mills located
above Waterville from dumping their
refuse into the river And so, two
years ago, they filed a bill in equity,
returnable before Justice Whitehouse.
asking for such a decree. A second bill
was subsequently filed and the first
hearing on the same was held at the
court house in this city in October last.
In addition to the defendants named in
the two bills in equity the court or
dered others to appear and show cause
why an injunction should not issue
against them.
When all the defendants appeared in
court it was found that there were 10
Of them. Seventeen days were con-
sumed in taking evidence and 122 wit
nesses presented testimony. The plain
tiffs had rs witnesses and the defend
ants bad 70 witnesses and there were
Is dispositions presented. Twenty law
yeTs figured in the case, as follows:
Leslie c. Cornish, Augusta. and
Charles F. Johnson, Waterville, were
for the plaintiffs. Orville d. Baker,
Augusta Forrest Goodwin, l.. L. Wal
ton. Geo. w. Cover, A. X. Butler. Dam
forth & Gould, f. N. Merrill, Skowhe-
:, T
+. Holman. k'armington Augustine
Simmons. North Arson; George G.
Weeks. Geo. NJ. Chapman. Fairfield:
II. S. Wing, Kingfield: John C. Hol-
man. Athens: c. A. Wilber Madison;
f. L. Ames. Norridgewcck: and f. A.
North, Boston, appeared for the de-
PENDANTS.
Justice Whitehouse orders that de-
crees shall issue against 40 of the 7g
defendants. 80 of the latter having
shown to the satisfaction of the court
that they take care of the refuse made
in their mills and do not dump the
same into the waters Of the river OF
any of the tributaries thereto.
DEGREES will at once be issued against
the following saw mill owners. re-
straining them from casting or de-
| posting in the Kennebec river or its
! tributaries above the dams of the
plaintiffs, any refuse materials, edgings
| shavings. debris, wood refuse, long
sawdust or common sawdust:
Emery. Porter & Co., North Arson
Charles w. French, Jenkins & Bogar
Manufacturing Co. Carl Lewis, King
| field: Carrabassett Lumber Co. Jeru.
salem Plantation: A. w. Starbird, Eas
New Portland; Hiram a. Plummer
North New Portland; David NJ Butler
| New Portland; j. r. Libby. Alden r
Hoxie. Fairfield: John II. Dane. Brad
bury Brothers. Skowhegan: Mark Ho
bart. Daniel F. Hobart. Madison
Charles II. Lancaster, Mason & Harris
Oakman A. Moody, F. G. Penney
Canaan; Charles W. Smell, Starks; Fl
Oliver, Chesley Pinkham, Smith 4
Lovejoy. John p. Rackliffe. Industry
Brackett & Andrews. Bingham; A. N
Thompson & Son, r. II. Boothb,
Athens: Leroy Walton. Cornville
Charles II. Allen. John n. Frizzel
Mercer. Southland Manufacturing Co
Brighton: Charles A. Gould, Geo. Z
Stinchfeld. Luther Curtis. Charles F
Watson. Frank L. Wilder. Pennington
Sewall & Wright. Dearborn SanborI
Chesterville; Fred Prince. VIM. Cross
well, Nathaniel Harding, Gordo
! Brothers, New Sharon; C. T. Hodg1in
: Temple. Winfield S. Dodge. Salem
: Hackett Brothers. New Vineyard;
A Nye & Co, Clinton: Eben s. Mile
, Norridgewoclz.
< DEGREES Will also issue against Il
< following pulp mill owners. restrainir
: them from depositing in the kenn'
e bee river or its tributaries above Il
0 dams of the plaintiffs at Watervill
any refuse materials, edgings, shaving