Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-05-05
PETITION FILED.
Appraisers Wanted to Value
Gardiner Water Plant.
The District and Water Company
Failed to Agree on Price.
Supreme Court is Therefore Asked to
Settle the Controversy.

Richards, trustees of the Gardiner Wa
ter District, chartered by the last T,ep
islature, yesterday, filed in the supreme
judicial court, before Associate Justice
Whitehouse sitting in vacation. a peti-
ton of the district against the Maine
Water Co. The petition sets forth that
the parties were unable to agree upon a
price for the plant of the companv To-
Gated in Gardiner, and asks the court
to authorize the district to exercise the
right of eminent domain and take the
property as for public uses. The nett.
ton also asks the appointment of three
disinterested appraisers who shall
value the plant, property and fran
chises. The petition is as follows:
The Gardiner Water District. a cor
poration duly established by Private
and Special Act of the Legislature of
Maine, approved, February 26. 1903.
and entitled AN act to INCORPORATE the
Gardiner Water District" brings this
petition against the Maine Water Com
pany, corporation duly established by
law and having a place of business at
Gardiner in the county of Kennebec
and State of Maine; against the Port
land Trust Company, a corporation du-
ly established by law and having a
place of business at Portland in the
county of Cumberland and State afore-
said, trustee under a certain mortgage
deed of trust given by the Gardiner
Water Company, a corporation for
merly doing business at said Gardiner,
said mortgage being dated the first day
of July, A. D., 1885, and known as the
Gardiner Water Company per cent
first mortgage, and also trustee under
d certain other mortgage deed of trust
given by said Gardiner Water Com
pany on the 26th day of March, A. D.,
1888, and known as the Gardiner Wa
ter Company per cent. second mort
gage; and against the Maine Trust and
Banking Company, corporation duly
established by law and having a place
of business at said Gardiner trustee
under certain other mortgage deed of
trust given by said Maine Water Com
pany on the 22d day of July, A. D.,
1891, known as the Maine Water Com
pany consolidated mortgage; and also
trustee under a certain other mort
gage deed of trust given by said Maine
Water Company on the 31st day of
The Maine Water Company extension
mortgage; said Maine Water Company
having acquired the property and
franchises of said Gardiner Water
Company, and says:
/. That the following territory and
the people within the same, namely:
Wards l, 2, 8, 4 and 5 in the city OF
Gardiner, and that part of Ward in
said city which is bounded on the north
Dy Ward 8, on the east by the Kennebec
river, on the south by the town OF
Richmond and on the west by the
Marston road, so-called, in said Gar
liner, We're duly constituted a body
polite and corporate, under the pro-
'isons of the Private, and Special Act
aforesaid, for the purpose of supply
ng the inhabitants of said district and
If the towns of Randolph, Pittston and
Farmingdale and such municipalities,
together with the city of Gardiner,
with pure water for domestic and mu-
nicipal purposes, with all the powers
and privileges and subject to all the
luties and liabilities specified in said
act; it being further provided therein
hat said act should not take effect, ex-
cept so far as the calling and holding
If an election Hereunder, until APP
proved by a majority vote of the legal
voters within said district. That, by
private and special act approved
March Is, 1903, entitled AN act to re-
move a doubt in the act Incorporating
he Gardiner Water District" it was
provided that said act, incorporating
he Gardiner Water District, should
axe effect if approved by a ajority
vote of the legal voters voting at the
election held under the provisions OF
said act.
2. That, in accordance with the au-
thority specified in said act approved,
february 26, 1903, the municipal Of
icers of the city of Gardiner deter
mined that special election should be
called and held for the purpose and
hat, at a special election, duly called
or the purpose and held within 80 days
lfter the approval of said act, to wit:
On the 23d day of March, A. D., 1903.
said Special Act was approved by said
district, two hundred seventy-o one CID
Jotes being cast in the affirmative and
two hundred thirty-three (233) in the
negative, and that the result of said
election was duly declared by the
mayor and aldermen of said city of
Gardiner, and due certificate thereof
vas filed by the city clerk with the
secretary of State.
3. That, subsequent to said special
election, to wit: at a meeting held on
he Both day of March, A. D., 1903, the
municipal officers of said city of Gar
liner. in accordance with the authority
specified in said act, duly chose Henry
Richards, Freeman Patten and Fred
rick Danforth, all of said Gardiner, as
L board of trustees to manage the af
fairs of said district.
4. That said trustees, so chosen. sub
sequently, to wit: on the sixth day of
April, 1908, held meeting at the city
rooms in said city of Gardiner, in ac-
cordance with the authority specified
in said act, and organized by the cleo
ton of Henry Richards as president,
Frederick Danforth as clerk and Free