Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-10-06
WILL CONVENE, TODAY.
The Appraisers of the Water Plant to
Begin Work.

the long fight he has led against the
Maine water 20. in behalf OF the
principle OF municipal ownership OF
Water plants. The legal principle that
nelgnporlnS towns can organize INTO u
district Tor the purchase and control OF
water works which Mr.. Eaton orlglnat-
ed ana steered through all the shoals
and ledses of the courts and Leglsla-
ture has already been firmly estab-
lIshed and is being widely copied
throughout the State.
The Maine Water Co. allowed the bill
organizing and chartering the Kenne-
bee Water District to pass through the
Legislature without objection and the
bill became law, March II, 1899.
There had been good deal of skirmish-
ing previous to this. The first fight
| against the company was on taxation
and Mr.. Eaton lost Then he con-
| ceived the district plan and worked on
| it for long time before he was salts
fled that it would stand the pressure
| that would be brought to bear on it,
| After he had drafted it in Il form that
suited him he forwarded it to the man
who had given him his first teaching in
| constitutional law, Prof. J. p. Thayer
of the Harvard Law School. 1t passed
there with high rank and was next
| sent to the attorneys of the water COM
| pany who also failed to find any flaws
| III it.
The plan having thus been proven
| legal and reliable was introduced to the
| people it was intended to benefit. 1t
| was necessary to hold special town
meetings in the towns included and a
mass meeting here in Waterville Ben
| ton and Winslow finally decided not to
| go into the scheme but Fairfield joined
| with Waterville and the district was
organized with the two places. Then
| the charter was obtained from the
Legislature without any unusual diff
Guilty as already stated. Up to this
point the Maine Water Co. had confined
itself chiefly to harrassing the enemy in
a not very vigorous fashion, evidently
| thinking that there We're better points
of vantage from which to fight further
along ir the march.
When the plan first came to the at
| tention of the courts the company
| brought all it's forces into the figrt.
| There was heavy bombarding by the
| heavy artillery, fierce charges by the
horse and stubborn fights by the infan-
| try. The plan was assailed from every
side simultaneously. But Mr.. Eaton
| calmly met every attack, leading his
forces in a mastery manner. When
| the smoke and noise of the first real
| battle ceased the supreme court decid-
| ed the day had been won by the dis
| trict, the opinion being handed down
| in March. 1902.
|
| by no means dismayed and improved
the next opportunity for giving battle
| This was afforded when both sides
| aNailed themselves of the opportunity
of asking for instructions to the apprais-
ers. The whole case went to the law
| court, this time, and once again the
victory went to the district, the decis-
| ion being rendered along the latter part
of December, last year Those two
| battles had decided beyond doubt the
| legality of the plan and the company
| was obliged to retreat to it's last point
| of vantage and the fight for as favor
| able terms of surrender as possible 1t
is really the terms of capitulation that
are to be settled at the hearing that
will commence, today, before the APP
| praisers appointed by the court.
The appraisers are Hon. Frederick A.
Powers of Houlton, associate justice of
he supreme court; Hon. +. H. Apple
ton of Bangor; and Percy NJ. Blake, G.
f.. of Hyde Park Mass. The two sides
will be represented by some of the very
best legal talent in the State. Mr.. Eat
on will once more lead his forces into
battle and will have for his chief of
staff, Ezra r. Thayer of the law firm of
Storey, Thorndyke, Palmer & Thayer
of Boston.
The Water 90. will be represented by
Orville D. Baker of Augusta, and
Charles +. Johnson of this city. In the
early days of the campaign Mr.. Baker
fought with the district but has since
changed sides. The chief question to
be decided is the price the district shall
pay the company for its property here
in WaterVille and Fairfield. This sounds
simple enough, but it covers d multi
tude of technicalites and localities.
In order that the fight may be as
clean cut as possible. the two parties
have agreed upon certain rules and reg
ulations. Thus the principal question
will be SubdiVided so that the points to !
be decided will be: First, the quality |
of the water: second, the depreciation |
Of the plant; third, the matter of price. |
The patrons of the company, If given |
the opportunity would doubtless settle |
the first point in about 80 seconds, but
when it comes to be done legally 1t
may take as many days Both sides
have had experts at work for months,
examining the conditions, Analysing,
comparing. computing and otherwise
earning the fat salaries they command
The position of the company on this
point seems to be in doubt and VIII be
1t is not believed that 1t VIII
admit without a contest that the wa
ter is impure and still its recent action
in instituting suit against the property
owners along the stream for pointing
the same might be taken to lndlcate
that it would.
In this suit it practically admits that
the water has been polluted Tor years
but perhaps for the sake OF an arsu-
ment and for the pleasure OF seeing
how the other side can prove T. t,ie
may not admit this beiore .ne
1ppraicarS Roth sides are thoroughly |