Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-04-15

Itn'S herewith llle Iull Text OF lne de-
,iyiom Its.;f. This was the last de-
cision drawn up by Justice Fcgler be-
fore his death ana one upon which he
put much work. 1t will give d great
impetus to the municipal ownership Of
public utilities.
Foglcr J.
This is bill in equity brought by
The Kcnnobrc Water District, Il cor
poration, to procure, by virtue Of the
p:clieiona Of its charter, judicial ap-
pgJiell and condemnation OF the entire
plan. property and franchises, rights
ard privileges of the Maine Watc..
Company, Il corporation. The case
comes 10 this court, first, upon eyccp-
tir..s tn a pro forma over-rulinC by thu
iuetia" below Of the joint ana several
demurrer % The bill ~ tne respon-
dents; ann secondly, upon Bill, an
sn-rs ana proof, upon the stipulation
Nj thr parties that If the exceptions arc
oyer-ruIod, the court is to render such
Judgment and make such orders upon
tho ill, answers, admissions ana 50
much If The proof as is pertinent and
-. lily admissible, as the rights Of the
paroles require.
Tho kcunebec Water District vas in
cotp"rat"j by and under the pro-
visions Of Chapter 200 Of the Private
Laws &C 1854.
the FIRST section Of that act is as fol-
ir'.., The territory and people con-
sl.tutnI tn" city Of Waterville, and
tn. FairG III Village Corporation, shall
constitute 4 body polite ana corporate
under The name Of the Kenuebca Wattr.
District, for the purpose Of supply rtg
TIL inhabitants of said District and
The towns Of Benton and Winslow and
al sail municipalities with pure
water for domestic and municipal pur-
poses"
Section . Of the Act is as follows:
said District is hereby authorized
for the purposes aforesaid, to take and
hold sufficient water of the T[ennebec
river and AlrssaIonskee stream. or its
tributary lakes, or the Sebasticook
river o. lis tributary lakes, and may
take and hold by purchase or otherwise
any land or real estate necessary for
erecting dams. power, reservoirs or for
preserving purity Of the water and
water shed, ana for laying ana main
i tanning aqueducts for conducting. dis
charging, distributing and disposing of
water"
BY said act the District is authorized
!. to lay ana maintain through the
( streets ana municipalities named il the
z act an such pipes aqueducts ana fix
7. tues as may be necessary for the OBJ
!, iccts for which it was Incorporated;
y. and that the affairs of the water dis
& trict shall be managed by board of
/. trustees composed of nvr members 10
+ b" selected as provided in The act.
- Section six ana seven If said act are
!. a. follows:
Section 6. Said water district is
hereby authorized and empowered to
a'uuir" ny purchase or by exercise OF
th" right Of eminent domain, which
ti@ht Is hereby expressly delegated tc
siii district for said purpose, the en-
IN" plant property ana franchises
Rights ana privileges now held by tn,
MIin" Water Company within said dis
trl,J ana said towns Of Benton anC
Winston. including all lands. waters
, water rights, dams, reservoirs, pipes
machinery. fixtures, hydrants, tools
aud All apparatus and appliances
owned by said company and used il
supplying water in said district an(
towns and any other real estate in sale
district
section I. In case said trustees fai
to agree with said Maine Water Com,
I1ny upon the terms of purchase of tn,
above mentioned property on or be
f"re April fifteenth, eighteen hundred
anu ninety nine, said water distric
through its trustees is hereby author
lzed 10 procure judicial appraisal anC
condemnation of said property by bill
n equity filed in the supreme Judicial
court for the county of Kennebec 70
That purpose on or before May ono
eighteen hundred and ninety-nine, an
jurisdiction IS hereby given to sal
court over the entire matter, including
application OF the purchase money, dis
charge of membranes and transfer o
the property. For the purpose of fix
ing the valuation thereof it shall ap
point three appraisers, one of whol
SHAH be learned in the law and anothe
Skilled in hydraulic engineering. non
of whom shall be residents of tn
counties of Kennebec or Somerset, an
on payment or tender by said DistriC
OF the amount fixed. and the perform
ance of all other terms and condition
imposed by the court, said entire plan
property, franchises, rights and priv
leEes shall become vested in said waite
district and be free from all lien
mortgages ana membranes thereto
Iore created by the Waterville Watt
company, or the Maine Water Con
p3hE. said appraisers shall, upc
nearing fix the valuation of said plan
property and franchises at what the
are fairly and equitably worth, so tn;
Sald Maine Water Company shall n
ceiVe Just compensation for all Il
same. In their report said appraise
snail state the date as of which Il
valuation aforesaid was fixed, fro
winch date interest on said award sh5
run, and all net rents and profits a
crulnS thereafter shall belong TO Il
water district The Court may COZ
N hrm such report. or reject it, or recon
init the same, or submit the subje
matter thereof to a new board of a
praisers.
The act further provides that
valid contracts existing between t
Waterville Water Company, (of viii
the Maine Water Company is tie su
CpScprl or. he Mott k~o.