Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1907-01-16
CAsTINE WATER COMPANY.
Possession Taken of Property Last
Thursday Morning.

thursday Morning.
The people of Castine, since Thursday,
have been in considerable state of excite
ment over the situation between the Ca
tine Water Co. and the agents OF the Saco
and Biddeford savings institution, who,
on Thursday morning, under orders from
George F. Bryant, trustee to the mortgage
on the plant of the water company, took
possession of the wells, standpipe and
machinery. The reason for this action
was the alleged Noncompliance of Arthur
NJ. Devereux, manager and principal
owner of the plant, in an agreement to
pay over to the savings bank the sum of
so, 600 in discharge of the company's III
debtedness.
The Castine Water Co. is the only pub
lie source OF water supply for the people
of Castine. The plant consists of arte-
sian wells, from which the water is forced
by three pumps run by gasoline engines
into the big standpipe on Windmill fill,
and thence distributed among the water
takers of the town.
The Castine Water Co. was given a
charter more than ten years ago, and has
been in active operation most of the time
since. 1t has supplied water to the town
for domestic and fire purposes. The sur
plus each year has been mainly devoted to
improvements, and an extension of the
system. Mr.. Devereux has been the ccm-
pany's manager practically all of this
time. In the beginning the company was
bonded at $50 600 par value. Its property
consists of its system, its charter and
franchise, pumping stations and certain
parcels of real estate. Against this the
Saco and Biddeford savings institution
holds mortgage made out to G. F. Bryant
OF the Kenduskeag Trust Co. as trustee.
Under an agreement which set forth
/. that in consideration of the payment by
the company of $4,000 to the bank five
months from June 10, 1905, the mortgage
was to be cancelled, and all Indebtedness
of the company to the bank discharged.
Mr.. Devereux has tried to find an in
weston to take over the mortgage and
supply the necessary funds to reclaim the
plant free and clear. He did not succeed
in doing this. On Nov. Is, 1906, the date
on which the property, according to the
agreement, was forfeited to the savings
bank, nothing had been done by either
party. The matter drifted as before, with
no move on either side.
After the agreement was signed, the
papers and documents pertaining to the
matter were placed in the care of Chief
Justice Wiswell, to be held by him until
delivery was demanded. With the death
of Chief Justice Wiswell, the question
arose as to who was the rightful holder of
the papers in the case.
In the agreement it was stipulated that
the documents should be left in the
possession of ''Chief Justice A. p. Wis
well, of Ellsworth, Maine; nothing was
said concerning his acting in his official
capacity, and the receipt which he gave
was signed merely Andrew P. Wiswell.
Toward the end Of the articles of agree
ment it was stated that in event of death
the papers were to be held by 'ihis sue
cessor in Office. Mr.. Devereux claims
that since it was not provided that the
chief justice should act in his official ca
pacity, the term successor in officen
meant nothing. To ascertain the status
of the matter, a hearing was held in Els
time ago, at which Mr.. Devereux ap-
peared in his own behalf. Chief Justice
Emery held that he had no right to the
possession Of the papers.
1t is believed that Mrs. Wiswell, the
executrix of the late chief justice, will be
called upon for the papers, by both
parties, and that she will turn to the
court for instructions as to whom the
papers should be delivered. For the pres
emit there seems to be halt in the pro-
ceedings, and meanwhile Castine people
are getting their water as usual and are
watching for the outcome on Windmill
hill.