Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-11-06
Eminent DOMAIN
Will Be Exercised by Augusta
Water District
Upon Property, Privileges, ETC., Of
Augusta Water Company.
Petition Filed, Yesterday-Hearins Or
dered for 10 A. NJ, Nov. Is.

Inc following petition was filed with
the clerk of courts of kennebec county.
Yesterday, by The Augusta Water Dis
trlct against the Augusta Water Com
pany, the Portland Trust Company,
George F. West and Edward e. Hersey
OF Portland, for a hearing on the case
of the Augusta Water District versus
the Augusta Water Company, The
Portland Trust Company, George T.
West and Edward c. Hersey. and prep
aratory to exercising the right of emf
nent domain on the property, rights,
privileges and appliances of the said
Augusta Water Company:
| Augusta Water District VS.. Augusta
Water Company, Portland Trust COM
pany. George F. West. Edward c. Her
| sey.
To the Honorable Albert NJ. Spear,
one of the justices Of the supreme judi
cial court:
| The Augusta Water District, cor
| pcration duly established by private
| and special act of the Legislature of
| Maine, approved March 26. 1908, brings
this petition against the Augusta
Water Company; against the Portland
Trust Company. mortgage and trustee
| under a certain mortgage deed of trust
| given by the Augusta Water Company,
Arril Is. 1857; against George F. West
and Edward G. Hersey of Portland.
| mortgages and trustees under GER
tain other mortgage deed of trust
given by the said Augusta Water Com
pany. July l. 1850. and says:
l. That the following territory and the
people within the same, namely, Wards
l. 2, 3, 4, 6, and in the city of Au-
gusta were duly constituted body pol
itic and corporate under the provisions
| of the aforesaid private and special act
| OF the Legislature, for the purpose of
supplying the Inhabitants of the said
| district and of the towns of Chelsea.
Vassalboro, China and Manchester, and
such municipalities. together with the
| city Of Augusta. with pure water for
domestic and municipal purposes, with
| all the powers and privileges specified
hereunder, until approved by a ma
| jority vote of the legal voters within
| said district voting at an election to be
! specially called and held for the pur-
pose, on the 4th Monday of June, 1908.
2. That in accordance with the au-
| thority specified in said act, approved
| March 2G, 1903. at a special election duly
| called for the purpose and held on said
9TH Monday of June, 1908, to wit, on the
| 22d day of June. A. D., 1908, said special
act was approved by said district, 1416
votes having been cast in the affirma-
tive. and 209 votes in the negative, and
| that the result of said election was duly
| declared by the mayor and aldermen of
| said city of Augusta, and due certif-
Gates thereof were filed by the city
clerk with the secretary of State.
3. That subsequent to special cleo
ton. to wit. at a meeting held on the
26th day of June, A. d.. 1908. the NUM-
cipal officers of said city of Augusta. i'm
accordance with the authority specified
in said act, as a board of trustees to
manage the affairs of said district
4. That said trustees so chosen sub
Sequently, to wit. on the Sd day Of Au-
gust, y. D.. 1903 held Il meeting at the
city rooms in said city of Augusta, in
accordance with the authority specified
in said act, and organized by the cleo
tion of John F. Hill. as president,
Thomas J. Lynch as clerk and George
T.. Macomber as treasurer adopted d
corporate seal, and determined by law
the term of Office of John +. Hill to be
one year. George T. Macomber to he
two years and Thomas J. Lynch to be
three years.
3. That your petitioner. acting
through this said board of trustees, and
under the authority granted by said act,
approved, March 2Sth. 1909, and in COM
pliancc with the provisions thereof, has
attempted to purchase from said Au-
r,,cfn 20 70, 1,ao two
erty. franchises. rights and privileges
now held by the said Augusta Water
Co. within said district and said towns
of Chelsea. ssalbOro. China and Man.
chester. including all lands, waters,
water rights. dams, reservoirs, pipes
machinery. fixtures. hydrants and all
apparatus and appliances owned by
said company and used or useable in
supplying water in said district and
towns and'any other real estate in said
district; but Notwithstanding said eff
forts on their part said trustees failed
to agree with said Augusta Water Co.
upon the terms of purchase of the above
mentioned property on or before No
vember 1st. 1908
G. That at a meeting of said trustees,
duly held on the second day OF Novem-
her. A. d. 1905, it was voted that said
Augusta Water District exercise the right
of eminent domain to take said plant.
property and franchises, as for public
uses, and that proper legal proceedings
for the carrying out of said purpose
should be forthwith taken and that petit
ton should be forthwith filed in the SUI
preme judicial court as provided by said
act.
Whereas. inasmuch as said trustees
have failed to agree with said Augusta
Water Company upon the terms of pur-
chase of the above mentioned propertv
said Augusta Water District. acting
through it's said trustees and by virtue
of the power and authority conferred BY
said act. files its petition and hereby eX-
erciseS the right of eminent domain and
takes as for public uses. to wit for the
purpose of supplying the inha bitants of
said district and sail towns of Chelsea,
VaSsalboro. China and Manchester and
such municipalities, together with the
city of Augusta. with pure water for do
mestic and municipal purposes said plant.
property and franchises, rights and priyi--
leges, now held by the Augusta Water
Company. to wit, the entire plant and
franchises, rights and privileges. now held
by the Augusta Water Company within
saiq district and towns OF Chelsea, Vas
salboro., China and Manchester, including
lands, water. water rights. dams reser-
vcirs. pipes. machinery. fixtures, hydrans.
tools. and all apparatus and appliances
owned by said company and used as use
| a BILE in Supnlyirr Uafpr said xl;et,-;a.