Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-10-29

the exercise Of deception or fraud or
that they then entered or took posses
sion Of the said property or claimed
prior to the death of said Llewellyn X.
Stevens an absolute title thereto. but
allege that said Stevens voluntarily
with full mental and physical capacity
and understanding executed and deliv-
cred said instruments and that there
after said Stevens and said defendant
and her husband continued to live upon
said real estate, and said defendant has
since performed and endeavored to per-
form the consideration in accordance
with the agreement and understanding
between said Stevens and said defend
ant and her husband, and that she and
her husband so continued to perform
the duty imposed on them by said
agreement down to the day of the
death of said LleWellyn K. Stevens.
Arguments will be made this week
in the Fairfield water rights case be-
fore the three referees. Associate JUS
tees William Penn Whitehouse of Au
guSta and Albert r. Savage of Auburn
ana Daniel s. Rrinsmade of Derby,
Conn. an hydraulic engineer. a hear
ing on the matter. lasting severa! days.
was held in September.
The history of the case involves Wa
tar rights on the Kennebec river and
the canal made by two dams at either
end of Mill Island near Fairfield. At
present the rights are decidedly tan
gled.
The plaintiffs declare that there is q
natural fall of water in the kenneoec
river at Fairfield, long utilized for,
power purposes. and that the natural
resources have been improved by the
erection of dams forming canals at
either end of Mill Island.
Tie plaintiffs allege that the United
Eox Board & Paper Company own a
double sawmill at the head of the is
land and that when the division of Wa
ter rights was made in 1854 no partit!":,
Was made for the double saIvmill or the
water rights belonging thereto. nor %
the real estate used Herewith. nor res
crvation made for the use If water for
the siaWmiIl nor Of water rights on tn"
site OF tho saWniil at the head of Mill
Island No water rights it is alleged.
were ever conveyed to The owners of
the double sawmiIl nor the property on
it's ste.
They further alleged that when the
river is low that the box board COM
parry draws half of the flow, while. it
| is claimed. they have only the right for
the use of 1000 square inches below the
mills cr power stations of I'll" plain
tifs. The plaintiffs claim that the box
Hal ,f.,.
wheels able to draw $4,000 cubic inches
| Il second. They further claim that this
when the water is low, iniure; their
mils and doc; not leave them enough
water to run according to their needs
They made further allegation5 con-
corning the use Of water by others of
the defendants, the substance Of which
* that they arc cvc""'linC thor right;
and ipjurina, h" b;iIr";;s If tn" pialn-
tiff.
III" tl:,,tiIn.; go: f"r . DETERMINING:
81 the right; aud f"r IN iujnn'tl"n re"
:trainiuG III" United T:"y E"arh & rs
pcr Company fiCul drl~:in- water from
tho kenncbac river when the water v
go low that such drawing inCapacitate :
the plants IF the plaintiffs.
The plaintiffs IN tho case arc the Wa
ttrvi!'e & Fairfield Railway &, Light
Company and the American Wo0leu
Company Of Fairfield and Willis S.
SnauIding of Boston. Mass
The defendants are the United Box
Hoard &, Paper Company of Fairfield
the Fairfield Furniture Company of
Fairfield. Fred S. HodGkins Of Benton
Llewellyn p. Totman of Duluth MINI.
and G. J. Totman and +. J. Savage Of
Fairfield.
Charles +. Johnson. Esq. and George
* Boutelle. Esq. of Waterville appear
as counsel for the plaintiffs. and Nor
man L. Bassett. Esq. Of Augusta and
Judge Willis S. Ostrandcr of Saratoga.
n. Y, for the defendants