Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-09-27

Charles Fl. HAYNES,
John o. whitney,
Martin H. Haynes,
Emery Hastings,
Nd ALL OTHERS INTERESTED. Defendants.
b the Honorable Judge of the d strict Court
of the United States of America for the Dis
trict OF Maine:
he Petition of the United States OF America,
by Isaac w. Dyer. Attorney Of the United
States of America for the District aforesaid,
respectfully showeth unto your Honor:
That by au act Of Congress, approved
February 18th, 1902, entitled An Act Max.
ing Appropriation to supply Urgent
Deficiencies IN the Appropriat lions Tor the
Fiscal Year Ending June IN. l9U2 and
for Prior Years and for Other Purposes,
large iuhd is appropriated for the COM
pletion of the fish cultural buildings of the
United States Commissioners of Fish and
Fisheries at Green Lake, Maine. ipclud-
ing the construction of ponds, roads aud
buildings, the extension of wharf, pur-
chase of land aud additional water supply;
and that by an act I Congress, approved
Fearutry 18th, 1903, ,ntitied IAN Act to
Establish the Department of Commerce
and LADuf", the Flsh Commission and all
that pertains thereto was transferred to
and became part OF the Department OF
Commerce and Labor, including the
authority to make expenditure OF the ap
preparation Aioresaia; anu that by an act
OF Congress, approved August lst 1883,
entitled IAN Act TO Authorize Coudemna-
tioA of Land for Sites OF Public Buildings
and Other Purposes, IL is provided that
in every case in which any officer of the
Government has been or thereafter shall
be authorized to procure real estate for
the erection OF public building or for
other pubic uses, he snail be, and thereby
is, authorized to acquire same by condem-
nation under judicial process whenever,
in his opinion. it is necessary or advanta
geuus to the Government to do so. and
that the United states Circuit or District
Courts OF the district within which such
real estate is located shall have jurlsdic
ton Of proceedings for such condemna
ton; the practice, pleadings, forms and
modes Of proceeding In causes arising
hereunder to conform. as near as may be,
to the practice, pleadings. forms and pro-
ceedings existing at the time in like
causes in the courts Of record Of the State
within which such Circuit or district
Courts are held. any rule Of the Court to
to the contrary Notwithstanding.
That the Secretary OF Commerce and
Labor, under and in pursuance of the
authority given by tire statutes aforesaid,
having determined that the hereinafter
described lot or parcel Of land Is needed
for the purpose OF road or way from
Maine. to the County Road in the Town
OF Dedham, Maine, has designated and
selected the same for the purposes above
mentioned, to wit. for the site OF road or
United States Fish Hatchery at Green
Lake to said County Road in the said
Town Of Dedham; AM he, the said Secre-
tary of Commerce and La)or, being of
opinion that 1t is necessary and advanta-
geous to the Government 80 to do. has
authorized and dire cited that proceedings
be instituted. in the name and on be half OF
the United States, in the Circuit or Dis
trict Court of the United States, for the
District OF Maine, for the requirement by
condemnation of the said lot or parcel o.
land; whereupon, on application of the
Secretary Of Commerce and Labor, the
Attorney General has instructed the said
Attorney OF the United States to institute
such proceedings.
That the lot or parcel Of land above re-
ferred to Is a lot or parcel of land wing in
the town of Dedham, County of Hancock
and State and District of Maine, ana is
bounded and described as follows. to wit:
strip of land three rods in width. line
drawn Thu ough the middle Of which is as
follows: Beginning North 40 degrees east
si-2 rods from shore OF Green Lake at a
stone on the north line of Ellsworth and
at southeast corner OF hatchery lot near
steamboat wharf; thence North 3S degrees
west Is rods to a stake; thence North
degrees 30 minutes west rods to stake;
thence North degrees west 6.5 rods to the
line Of Hatchery lot; thence North de-
grees west 6.36 rods; thence North 26
degrees 80 minutes west II rods; thence
North A degrees 30 minutes west 1882
roos; thence North ~ degrees 80 minutes
west l5.o rOdS. thence NORTH 20 degrees
west $50 rods: thence North 38 degrees so
minutes west IL rods; thence North SO
degrees west 10.56 rods; thence North AZ
degrees west IL rods; thence North 20 de-
grees west rods; thence North 81 degrees
west 10 rods; thence North "a degrees
west rods; thence North Al degrees west
II rods thence North 7 degrees west IL
rods; thence North 80 degrees west u
rods; thence North % degrees west IA
rods; thence North 80 degrees west l6
rods; thence 4S degrees west rods; thence
North 10 degrees west l6 rods; thence
North "a degrees 80 minutes east rods;
thence North 10 degrees east rods;
thence North degrees 80 minutes west
rods; thence North 26 degrees 30 minutes
west rods; thence North Al degrees west
rods; thence North degrees 80 minutes
vest 10 rods; thence North ~ degrees
80 minutes west IL rods; thence North Is
degrees west 9 rods; thence North 2 de-
grees east rods; thence North degrees
80 minutes west q rods; thence North II
degrees 80 minutes west rode; thence
North Is degrees 30 minutes west 9 rods;
thence North "a degrees west IS rods;
thence North % degrees is minutes west 10
rods; thence North Al degrees west IA
rods; thence North 4s degrees west 20
rods; thence North Al degrees west 80
rods; thence North 81 degrees west 10 rods;
thence North 35 degrees west 10 rods,
thence North 43 degrees west rods;
thence North 50 degrees 80 minutes west
rods; thence North 81 degrees west IL
rods; thence North as degrees west IS
thence North 30 degrees west IA rods;
thence North "a degrees west II rods;
thence North 10 degrees 80 minutes west
IL rods; thence North degrees west 8
rods; thence Northerly on land of Emery
Hastings As rods, more OF less to the
county road.
. Your petitioner is informed and believes,
and therefore AYERS, that the following
named persons claim to be the owners in
fee of the aforesaid described lot or par
eel OF land, to wit:
The town of Dedham, and Phronia G. Hager-
thy, Eben Merrill, Joseph Clergue, John
F. Whitcomb, Charles Fl. Haynes, John
o. Whitney, Martin II. Haynes and Emery
Hastings, all of Dedham. in the County of
Hancock and State and District of Maine,
and your petitioner is informed and be-
lieves, and therefore AYERS, that the afore-
persons, as set forth in this paragraph,
are the only persons who are int ested
in said premises as owners, incumbrancers
OF otherwise.
. To the end therefore that the provisions of
said Act of February 14th, 1902. hereinbe-
fore referred to, may be carried into effect
and justice be done to all persons con-
cerned, whether named in this petition or
not, your petitioner prays this Honorable
Court that the persons hereinbefore
named and all othes persons interested,
be made parties defendant to these pro-
ceedings by the service OF such notices OF
the tendency thereof, and in such manner
as may seem meet and proper for it to
order and direct. and that thew be further