Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1908-04-22
INJUNCTION DENIED.
,srrr1oN OF RESIDENTS OF BAY
a,nr HEARD BY JUDGE SPEAR.
.uonrH POWER SUPPLY CO. WILL
sb soyrrsuE BUILDING POLE LINE
WITH cfry's AUTHORITY.

- smear. OF the supreme judicial
~. Of Maine, bias denied the petition for
..,;minary injunction to restrain the
r,p,.,rorth Power Supply Co. from build
~ Mole line along the public highway
,.sdine along Water street in Ellsworth
y, the Trenton town line.
10 W. nrotracted hearings on this petit
.,an the city government some weeks ago
I've the power company tne per"iss'on ~
asn s,sa innortsnce OF the matter drew a
Lpe and expectant crowd which nearly
s,lsd the courtroom.
INV THE HEARING.
r. petitioners were Scott 8. Estey
-. AZ q ". Alley, ID. Il. Hurley appear
anu a., them. The power company was
pLagsra ' by Henry NJ. Hall. its presi-
dent. s.a,a,,o,, ..tt;,c forth
a. W. organization and purposes. and the
ns..nmstances under which 1t obtained
t,om the city permission to build its line.
Hv a. Harley stated the case for the
.it;oners, contending on several grounds
f., The mower company has not a legal
.ns sr,;t from the city. Some OF the
Pnnds we're: That the last municipal
sisc,;on was illegal. the returns on the
ss.,onts being defective; that under the
s,atnte the permit should have been
s;aned by the mayor and full board, not
hs majority; that OF the three aldermen
who voted Dor it, one AID. STOCK bridge
20 moi an alderman at all. even admitting
nat he was legally elected an alderman,
sscsuse when elected city treasurer, he
ossssd to be alderman; that the city had
w ,;vht 10 grant the petition because the
legislature had no right 10 grant to
msnicipalties such power6 as right Of
eminent domain-that such an act was I'M
constitutional.
twas admitted that Mr.. Estey and Mr..
AiIev are the owners OF the property
adjoining the highway over which this
nroposed power line Is to run, and that
ifhe fee is In the adjoining owners.
Nty-Cierk T. e. Hale was called and
rrodiced the warrants ana the returns
for the calling OF the last municipal eiec-
tou. which were offered by Mr.. Hurley
ior The purpose Of showing the illegality
Of the election, because Of defects in the
returns.
h.srine they might have, and suggested
ibat IL the returns were detective, the re-
turning officers might amend them.
Clerk Hale then testified to the election
OF AID. Stock bridge % city treasurer, and
to his qualification - such. He also tes-
tiled to the issuing OF . permit issued to
The power company to construct its line
along the highway to the Trenton line.
His admitted that these wires will run
approximately thirty-one feet above the
ground, and that they will be at distance
Of eight feet from the buildings OF the
complainant Estey; that those wires will
carry voltage OF 5000 volts, and that
Mr. Merrill, the electrician OF the Postal
Telegraph Co., il present, would testify
that in the event of one of the wires
breaking, and person coming in contact
with il, II would mean instant death, and
that it is not an extraordinary thing for
one Of them to b. broken; that II . tele-
phone wire came in contact with the
power wires, it would mean instant death
to the person at the end OF the telephone;
that in the event of . IRE. . stream OF
water coming in contact with the wires
would mean instant death to the person
who had hold OF the nozzle OF the hose.
That this company will mot furnish cleo
tficity directly to any OF the Inhabitants OF
Ellsworth for the purpose OF lighting or
posation; that this company furnishes
electricity to another company which uses
the whole output substantially for public
electric lighting purposes in Ellsworth and
vicinity.
At this point Mr.. Hall stated that while
il 10 true this company will not furnish
electricity for lighting to individuals, it
does furnish it to another corporation
which furnishes it to individuals.
Mr.. Hall said he had nothing to offer
unless the court desired to hear evidence
on the subject OF danger. In response to
the courts desire TO hear such evidence, j..