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

the end of each year, after payment of
current expenses and interest. and
afterp roviding for sinking fund for
the final eXtinguishment OF the funded
debt of the corporation, shall be divid-
ed between the municipalities com
| prising the district in the same pro-
portions as each contributed to the
gross earnings Of the districts water
system; and that the act Of incorpora-
ton shall take effect whenever ap-
proved by majority votes of the city Of
Watoryllle and Of the Fairfield Village
| Cooperation at legal meetings called
under the provisions of the charters of
said places
| 1t appears by records made a part
OF the case that the before mentioned
act Incorporating the Kennebec Water
District, was approved by the City Of
Watervilie by a majority vote on the
.irst day Of April, 1899, and by the Fair
hcid Village Corporation, BY q ma ior-
ity vote on the third day of the same
month; that the trustees provided IN
| the act cf Incorporation were duly So
lectcd ana that such trustees duly Or
gained as board on the 18th day Of
April, 1895.
- - t+|tii!lltu JHdt tle persons
claiming to BE- trustees did fail to
agree with the Maine Water Company
on terms Of purchase before the fiji
| teenth day of April. 1899, although they
made effort 50 to agree
1t is admitted by the plaintiff, that
the value Of the property proposed to
be taken by this process exceeds $780,
'0o, ana that the valuation and indebt-
edness of April l. 1899. shall be taken
IS .nrrect fer all times involved in this
proceeding"
Tha Fifth" sixth" and Seventh"
paragraphs of the answer Of the City
If Natorviic are us follows:
"Fifth:-That On the first day cr
Aptil IA. p. 1909, the total valuation 1T
taxable estates i'll the city Or Water
vile was S+,1J2, 7G., ana the municipal
Indebtedness Of said city Of W4JarylIir,
apart from funds received in trust by
said city, and from loans fer t.a pur-
pose of renewing existing Ioane. or 70?
war, and from temporary loans to be
paid out Of money raised by taxation
during the year in which they were
made, was $50, 0Gg"
'SiXth:-That il is illegal that the
City OF Watervile become a part Of or
a member Of said Kcnnebec Water Dis
trict, rs it thereby assumes the debts
and liabilities Of said Kennehec Water
District, and the assumption Of said
debts ana liabilities would be contrary
10 the provisions Of Amendment One
Of the Constitution Of the State OF
Maiae'' @
&enth:-That the Act Ia incorpor-
ate the Kennebec Water District is I'M
constitutional and Illegal, it being
ultra wires for the Legislature to inn
pose 6ebt or liability upon the city of
WatcrEiile contrary to amendment One
OF the Constitution of the State Of
Maine"
The answer of the Fairfield Village
Corporation alleges that on the first
day of April, 1899, it's assessed valua-
ton of property within its limits was
$76G,005, and that on the same date it's
| total Indebtedness was $3,233.8O.
The Sixth paragraph of the joint ana
several answer Of the Waterville Water
Company, the Maine Water Company,
| the Portland Trust Company and the
Maine Trust and Banking Company is
as follows:
"Sixth: further answering, the
said Waterville Water Company, and
| the said Maine Water Company, and
| the said Portland Trust Company, and
| the said Maine Trust and Banking
Company, defendants, expressly deny
| the existence of any legal authority in
| the I&ennebec Water District to ac-
| quire either by purchase or by the eX-
ercise Of eminent domain. the whole or
| any part OF the plant, property, fran
chises, rights or privileges of the said
| Maine Water Company, ana aver that
even if the act Of the Legislature in
| said fifteenth paragraph Of the bill
| mentioned. contcmplates any such pur
chase or exercise of eminent domain
| (Which this defendant denies) such
provision of said act, Incorporating the
Kenuebec Water District, are in plain
violation Of the constitution Of the
| State Of Maine and are void
The Waterville Water Company is q
CORPORATION organized under the pro-
visions of Chapter al. Private and
Special Laws of 1881, as amended by
Chapter 50. Private and Special Laws
of 1887. and Chapter "A, Private and
Special Laws of 1891, for the purpose
of conveying to the towns of Water
vile. Fairfield and Winslow Il supply
of pure water for domestic, manu-
factory and municipal purposes.
During the year 1887 and 1883 said
company constructed a system Of water
works and began the business Of sup
dying water to said towns and their
inhabitants BY its mortgage deed OF
trust dated October u, 1887, said COM
pany conveyed to the Portland Trust
Company. as trustees for its bond
holders and all other interested parties.
its entire plant, property. franchises,
rights, privileges and immunities to
secure it's bonds TO the amount of $500,
T 600, which bonds We're issued and are
all now outstanding.
The Maine Water Company is a cor
poration organized under the pro-
visions of chapter 3S9, Private and
Special Laws of 1899, as amended by
Chapter 3S, Private and Special Laws
of 1891. and Chapter $50, Private and
Special Laws of 1898, for the purpose
of erecting. operating, buying. leasing
and selling the water works named Il
: the act. The act authorized the Main'
Water Company to purchase and hoiC
! she pronerty. capital stock, rights
ff