Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-01

District to recover the taxes assessed
by the city upon the property of the
Water District for the years 1904 and
1905. The city solicitor i'm 1904 reported
that in his opinion the property of the
Water District was exempt from taxa.
ton and that it was not advisable for
tie city to incur the expense Of litiga-
ton when the chances Of recovering
the tax were so slight The report Of
Hon. Orville d. Baker, who was en-
ployed to investigate the question and
give his opinion, was to the same ef
feet. And when the matter came to my
attention upon my assuming office
agreed with the views expressed by Mr..
Mahcr and Mr.. Baker, but the question
being an important one both to the
city and the Water District, after con-
sulting with the mayor, it was thought
best to have a judicial decision and by
arrangement with counsel for the dis
trict the question was taken to the
law court upon an agreed statement
of facts and argued and submitted at
the December term. A rescript has
beer received from the court deciding
in favor of the Water District, on the
ground that under the statute its
property. being used fer a public pur-
pose. is exempt from taxation. I may
add that the expense of the suit was
merely nOminal-less than 500
The case against the inhabitants of
West Gardiner was TO recover for pau
per supplies furnished the family Of
ore Daniel c. Glidden. whose pauper
residence was in dispute. Upon i care
e, %.<~.,x
satisfied that the liability was upon the
town of West Gardiner, and the
amount sued for was paid in full by
that town after judgment had been re-
covered at the November term Of
court.
l also brought suit against the inhab-
itants of the town Of Vinalhaven to
recover for pauper supplies furnished
one John j. Carter and tie defendant
town settled by payment in full! Of the
amount claimed.
The action in the name of the collcc-
tor of taxes against the Edwards Man.
ufacturing Co. brought by direction CT
the city council is to recover the tax
of 1905, and is returnable at the March
term of court. Notice for trial has been
given and it is expected that result
favorable TO the city will be reached
in due time.
In the suit Of Morrill, G. Brann
recover damages for personal injuries
sustained by him by being thrown from
i'is team on Water street Dec. %, 1905.
He claims that the accident was
caused by the defective condition of
the street.
| have investigated the matter and
am of the opinion that there is no le-
gal liability upon the city: that if the
plaintiff can make out a case, which
is very doubtful. the liability will be
upon the Augusta, Winthrop & Gardi-
ner Railway. l have accordingly
served upon the railway company le-
gal notice TO appear and defend the
suit. and expect it will do so.
The past year has been very busy
one in my department. In addition to
the court work which has been unusu-
ally extensive it has been necessary
for me to devote a large amount of
time and attention to the considera-
ton 2nd investigation of various inn
Eortant matters including the Ed
wards Manufacturing Co. tax question,
the police hearing and the New Eng
l:.nd Telephone contract.
Recognizing the importance to the
public Of the office which hold it has
been my aim to guard to the best of
my ability the legal interests of our
city and to do my full duty.
Respectfully submitted.
WILLIAM II. FISHER,
City Solicitor.