Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-09

n,aindcr of each year it will he large
IL Diminished by the large amount OF
water which the defendant Will take
tlat during the dry season of each
Year the plaintiff will be compelled en-
tirely to suspend the operation OF us
said NH ~ water power and to pro-
vide other power ut large expense
or IL cease operation entirely. ana tilat
during the remainder Of each year IL
viii not ~. able to operate more than
third Of the machinery IN It's salu
mill by its said water power. and the
value. Of its said mill privilege Will be
almost wholly destroyed.
tO. The plaintiff says that at the
rrcscnt time, namely. Nov. 4, 1868. the
flow of the outlet stream has almost
entirely ceased: thai the defendant is
taking 3.oCn.oCo gallons daily from the
Ike through its pipes: that such TAX
Ing hy tie defendant under existing
conditions is q taking Of nearly the
whole flow Of water from iii" lake: that
tln ;,.2mtif is unable to operate its
nil! at present by water. power: tE2t
II IN" near future the taking If 2,G,o.-
eco gallons daily by the defendant viii
be takin2 Of the entire flow of water
from tho lake: that the flow of the
outlet stream will wholly cease and the
Plaintiff in addition to be unable to
operat" it's mill. or amy part thereof
by water power. will be without water
for dy"inS purposes or for its boilers
ana without water for protection from
fire: that as ii result the plaintiff will
be forced to buy from the defendant
the water which the defendant has
taken from the plaintiff. or be l"ft
wholly without water for the operation
Of t5n mill for Iycing purposes. 70" its
boilers 0r protection from fire, whereby
tie plaintiff will be subjected not only
to great Inconvenience ANA loss but to
actual danger t" its whole property;
that such loss of water as exists at
present and us will exist in the near
future rs has been alleged has never
before occurred in the history of the
ElIintiifs use Of water from the outlet
stream and has not occurred until the
taking Of waite" hy the Defendant ~:
herein alleged.
t9. Tkr plaintiff further says that
it is informed and believes ana, there
fore. AYERS that by its charter the said
NcHIcLcc w iltt 7 DiSlrlct Is maze ilclDlc
for all damages sustained by any pcr-
son, or corporation. in their property
by IN" taking q any mill privilege
within said district; that said defend
ant by taking its supply of water from
said China Lake has taken its said mill
privilege. or 4 valuable part thereof,
and that said defendant has not rs rr-
uUilc by Lax, commenced any pro-
cerding for the condemnation of any
Of the voters Of said China lake. or of
the said n:ill privilege of the plaintiff.
or any part thereof.
Wherefore the plaintiff rrayS that
the defendant. its servants. agents or
attorneys. may be cnjuincd and re-
strained by the temporary and per-
retu2l Injunction of this court from
taking its supply of water from said
lake until condemnation PROCEEDINGS
shall have been had in accordance with
law; and that it may have other and
such furth'r relief us til" nature of the
case may require.
AMERICAN WOODEN co.
by William NJ. Woods. president; F. H.
Jealous. agent.