Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-09-10
IMPORTANT REscRIPT.
In Case Mayo VS.. Dover and Foxcroft
Village Fire Co.

The following important decision has
been received by Clerk of Courts Choate
in the Piscataquls County case of Josiah
B. MAYO ct ais. In Equity VS.. The Dover
& Foxcroft VillaSe FIRE company ct ais.
REsCRIPT BY WISWELL c. ].
The Legislature may grant to any pub
lie corporation. whether its municipal
powers and purposes be general or lin
lied power to construct. or to purchase,
and maintain a system of waterworks for
the purpose of furnishing water for its
municipal purposes ana for use by its
inhabitants for domestic and sanitary
purposes.
on November p. 1886. the Dover & Fox
croft Village Fire Company, public
corporati ton created by an act OF the leg
islature approved March 20, 1863. CHAP
262 Special Laws 1860 with certain powers
and for certain limited municipal pur-
with the Dover and FoXcroft Water Com
pany for a hydraht service for protection
against fire. The contract also contained
provision giving the village corporation
the right at its option TO purchase with
in the limited TINE stated in the con-
tract, all of the property and all of the
| corporate rights and privileges of the
Water Company at price to be agreed
failure of the parties to agree. at price
to be determined by three disinterested
appraisers to be appointed by the Chief
| Justice of the Supreme Judicial Court.
The legislature of 1887 passed an act
(Chap. 26O Special Laws of 1850 entitled:
IAN Act to amend the charter of the
| Dover and Foxcroft Village Fire Com
pany" BY the first section of which all
| of the proceedings of the village corpora
| ton at the meetings when the latter
considered and finally voted to make this
contract were IRA titled. confirmed and
| made valid BY the second section, the
| village corporation was authorized Ito
raise money for an annual supply of WA
| ter for fire and other municipal purposes,
and for an annual rental OF MIGRANTS, IN
addition to the purposes now authorized.
Ito be levied and assessed in the manner
provided by its cnarter and by this act.
| BY the third section the contract above
referred to between the village corpora
| ton and the Water Company under date
| of November ~ 1885, was ratified. con
| firmed and made valid" and the village
Corporation was, authorized 10 raise
| may be necessary for the purposes there
| Of
| In a bill in equity against the village
corporation brought by certain of its tax
| payers, asking fer an injunction to re-
strain it from proceeding further under
| this contract to purchase the property of
the Water Company. and to have the
| price thereof determined as provided by
| the contract, Held; that although the
contract when made was ultra wires, it
became valid by reason of the subsequent
| Legislative authority and the acquiescence
| in the contract after such authority; that
| ture in the passf- &c of this act. to give
plenary authority, by way of ratification.
contract, including the important pro
vision relating to the purchase of the
water company's property: and that it
| must be assumed that the Legislature,
when it passed this act, the main pur-
pose of which was to ratify this contract,
| had knowledge of what the contract was
and Of this particular clause in question.
Subsequent ratification by the legisla-
| authority. 1t is "a permission to the mu-
nicipal corporation to enter into the con-
! tract if they do not choose to reconsider
| their former action, and none the less
valid because it is known to the legisla-
ture what the proposed contract was.
AS applicable TO many of the criticisms
| upon the insufiiciency Of the legislation
relied upon, it must be remembered that
municipal corporations can not only eXer-
else such powers as are granted by their
| charters. or by the general law. either ex-
preSsly or by implication, but also such
as are incidental TO the powers expressly
granted and such as are essential to the
| objects and purposes Of the corporation.
| Where water works system is
purchased in good faith by mn
| and primary purpose of supplying
water fol its own municipal wants,
| and for domestic use by its Inhabitants,
| under Legislative authority, such leSisla-
| ton and the action of the municipal cor
poration under it in making the purchase.
and in raising mo ley by taxation there
| for, are not violation of that clause of the
state constitution which requires equal
| taxation. because OF the fact that Incl
| dCntally the purchasing municipality may
| be compelled to assume the obligation of
| the original water company to provide
water for some individual takers who re-
side outside of it's territorial limits.
| If the village corporation, as purchaser
| of this property Of the Water Company,
should be obliged to furnish water for a
| few takers who reside outside Of the lin
| its of the corporation, it must be assumed
that it Will require a reasonable compen
sation therefor, 50 that the taxation of
property within the village corporation
will not be increased in the slightest de-
gree by such purchase. But in any event
| this is merely incidental and subsidiary
| to the main and primary object of fur
nshing water for its-lawful public pur-
poses under legislative authority.
This bill in equity will consequently be
dismissed with one bill of costs for the
respondents, and decree to that effect
will be filed below.
So Ordered
I