Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-03-03


the arguments presented at the hear
ing and they are not yet through with
their work. The whole case viii con-
tain at least rocco words. The menu
hers of the committee are planning to
go over this renort before taking ac-
ton. and this will require some time.
so il * safe to say that no report will
come from the committee for at least
10 days.
Some time ago the State land agent
brought Il suit against Charles w.
Mullen of bangor for trespass in cut
ting and carrying away certain beech,
maple. birch and other trees between
August l, 1901, and March Is. 1902, from
lands reserved for public uses in IN
dian township No. ,, in Penobscot
county, which We're under the care OF
the land agent. This township was in
corpora ted into y town by the name Of
MilIinocket by the Legislature of 1901.
\ decision has just been rendered by
the full bench in the matter. The case
was not tried at nisi prius but was sent
10 the law court on report. The de-
cision is a victory for Mr.. Mullen. The
rc5cript which. was drawn by Justice
Savage. is as follows: by the Act of
1870. CHAPTER 1856, it was provided that
in All townships or tracts of land un-
Incorporated or not organized for eiac-
ton purposes, sold or granted by the
State. in which lands have been re-
served fo.' public Uses the land agent
should have the care and custody OF
such reserved lands until such tract
or township is incorporated or organ
;zfI al
land agent was directed to sell for
cash tbs. right to cut ard carry away
the timber and grass from off the re-
served lands which have been located,
the right to continue until the tract Or
nanizcd for election purposes. The
lands 50 reserved for public uses In
Indinn Township were duly located.
ana the right To cut timber and gras"
thereon had been sold by the land
agent and such right had vested i'll
th,. defendant prior 10 the incorporation
IN iaGi u I. portion Of Irdfln Town
ship as the town OF Milinocket. The
reserved lands as located are all with
i. Milinoclzet as incorporated. The
;rt:; q trespass complained of We're
the cutting of trees on thef reserved
nDckgt. Held:
-. That the right of the defendant
to cut timber on the reserved lands
was tcrmnitcd bv the Incorporation as
a town Of Il norton only of Indian
Township, but in which portion the re-
served lands were located: and there
fore that the acts complained of We're
treSpaSSte.
~ Sc.
the trustee of reserved lands, and may
maintain trespass for injury TO them,
it is such trustee only until the town
ship is Incorporated. and in this case
its iutcrcrt i'll the reserved lands in
question Was terminated by the incor-
pnratior of Milinocket. Therefore it
cannot maintain this action.
. -. That when a portion OF town.
ship is Incorporated, and no exception
or provision is made with reference to
the reserved lands. it is to be deemed
that tnc Legislature intended the re-
served lands within the portion incor-
l,orated to follow that portion and vest
in it: and that it did not intend the
right to cut timber tC continue in II
grantee thereof, under the Act of 1870,
CHAPTER 1856. after the title to the land
itself had vested in the town by incor-
rnration.
Il. That the title to the reserved
lands and the timber thereon, within
the town of Miliinockct. have vested in
that town.
plaintiff nonsuit.'
The following companies have filed
articles of incorporation at the office Of
the Secretary of State:
American File Co.. organized at Port
land for the purpose of manufacturing
and dealing in files. rasps. etc. with
$500, 900 capital stock of which $500 is
paid in. The officers are: President,
Charles Howard Weston of Boston.
Mass. treasurer. Harry l.. Cram of
Portland.
Robert Robertson Co.. organized at
Portland, for the purpose of carrying
on the plumbing business with $4,000
capital stock of which nothing is paid
IN. The officers are: President, Guy
Fl. Sturgis of Portland: treasurer,
Frank -. Marshall OF Portland.
Boston Automatic Bed Co. organized
at Augusta, for the purpose of manu-
featuring Il newly invented folding bed,
with $500. 600 capital stock of which
nothing is paid in. The officers are:
President T.. l.. Dutton of Augusta :;
treasurer, NJ. Il. Stuart of Augusta.
Wiley Gibson Co. organized at
Portland. for the purpose of dealing
in hay. grain and other commodities.
with 100000 capital stock of which
500 is paid in. The officers are: Presi
dent. Eugene w. Hunt of Portland.
treasurer. f. T.. Morton of Boston,
Mass.
The Mutual Mail Order Co, Or
ganized ut Portland, for the purpose OF
carrying on the mail order business
With $1.00a.000 capital stock of which
$1,000 is paid in. The officers are:
President. Willard w. Baldwin of Port
land; treasurer, j. +. Mantee of Port
land.
Crane oxygen Works. organized at
Rockland. for the purpose of manrtfac-
turing oxygen gas. with $4,000 capital
stock of which So, 900 is paid in. The
officers are: President, Frank III. In
graham of Rockland, treasurer, Arthur
S. Littlcield of Rockland.
Fort Fairfield Drug Co, organized al
at, 10 nf ~ l.