Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-13
Androscoggi'' and ARGOS.
took Cases Yesterday.
Two Gases Involved Tax Prob.
lens Of Much Interest.
Moody vs.. Port Clyde Development
Company, This Morning.


were argued Wednesday morning. all
being State vs. Intoxicating Liquors,
the Tarbox Express Co. of Lewiston
being the claimant. Hon. Frank -.
Morey of the firm of McGillicuddy d
Morey of Lewiston, argued for the
claimant and Ralph W. Crockett Esq,
Of Lewiston, county attorney OF m
oroscoggin county for the state. Inc
question when liquors are in transit
was the issue III each case.
In the first ease so bottles of beer
came in a box to John p. Sutton, an
Auburn butcher. and were ordered by
X. Miller of Lewiston, a jewish rao-
BIZ The goods were seized before they
reached the office of the express com
; pany.
Mr.. Morey, in arguing for the eX-
press company, claimed that the goods
must first be delivered to the place of
business or the residence Of the con-
signee before they could be seized I'M
der the law of this State and in case
the goods were refused by the con-
signee or he could not be found, then
they could be stored by the express
company and placed in its warehouse
Mr.. Morey also argued that in this
case the package was &. o. d. one
and if the consigncc cotld not be
found it was the duty Of the express
company to ship the goods back to the
cOnsignor.
County Attorney Crockett argued
that the evidence showed that the Ii
quor came in Sutton's name, that the
rabbi asked Sutton to claim il. and
there was evidence to show that tho
rabbi was engaged in the sale of in
toxicatng liquor.
The second case was that whore n
package Of liquor addressed to II. T..
Perkins was seized from. the delivery
wagon of the express company. Mr..
Mercy argued that as the cons tyne"
could not be found the goods should
be delivered to the storehOuse or else
shipped back to the ConsignOr.
The third case was where a package
OF II quarts of rum was addressed to
M. Supovitch. 2i5 Main street, Lewis
ton. Me. Mr.. Supovitch heard that a
box had arrived in his name ana he
telerhoned the enforcement deputies
that the LIQUOR did not belong to him
as he did not order it. The deputies
seized the goods before they had
pany. Mr. Morey contendcd that the
goods were still in transit and that the
seizure was premature.
The tax case OF habitants of I.iv-
ernlore Falls vs.. the Livermor2 Falls
Banking x Trust 60. was a case az
considerable interest. Judge w IT,
Newell Of Lewiston argued for the
town and Hon II. NJ Heath Of Angus
ia for the defendant.
The tax in dispute was assessed upon
number of shares of hank stock in
the Portland Trust Co. n Portland Ma
tional bank and a Farmington banl:
and held by the defendant company rs
a part of its resources. The company
claimed that this stock is not subject
to tax in its possession. their pay
ment of a franchise tax being sufficient
to cover all of their liability. The town
of Llvermore Falls claims that the
stock is as much subject to tax in
the possession of the bank as it would
be in the possession of an individual
An agreed statement Of the facts was
brought before the court and tie ar
guments were simply on the legality
of the tax itself.
The last Androscoggin county case
to be argued was that of Pelky vs.
Hodgdon. In this case daughter
worked in a shop and purchased a
farm. Her father lived upon it and
cultivated it, without paying rent. At
ter while the pleasant relations ceas-
ed and the 'ather sued the IA ghter for
the sum Of $500, claiming he had i'm
proved the farm to that extent through
the labor OF men and horses.
The defence was that the domestic re-
!auons OF the two parties obviated the
necessity of contract. as the daugh-
yer simply furnished the farm as 4
nome Tor the parent. 1t was ais,
elaimed that the rental of the proper
" and the good derived thcrefrom nv
tne tenant more than offset the amount
claimed.
Inc argument was on exceptions tax
en- az the trial in the supreme iudici.,
court at Auburn on the admissihi,it,,
Oh tnose questions asked the Witnesses
ana on the refusal of the court "a oi,.o
instructions are requested. The instr,,c-