Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-08-22
Fights Injunction Against Pay,
ment Of $4,000 Fee.
Offers Proof That He Earned IT,
Others Corroborate.

SOr House thursday nlgnt, When Hon.
Herbert NJ Heath of Augusta argued
in protest of granting an injunction
restraining the trustees OF the district
| from paying counsel and experts fees
amounting to $l27, 900 The hearing be-
gan at 100 o'clock and it was midnight
before all the testimony was in and the
arguments We're completed. Justice
! Savage reserved decision in the mat
| ter.
The petitioners were represented by
| Charles D. Booth of the law firm of
Eerirll, Hale & Booth of Portland. 1t
| was expected that Mr.. Verrill would be
present, but at the last moment he was
called away and could not attend.
Counsel for the Water District was rep
| resented by Mr.. Heath.
In opening the hearing Mr.. Booth
| read the bill Of the petitioners and sew
eral small amendments We're accepted
| by Mr. Heath. Others We're objected to
by him, and Justice Savage stated that
he had no authority to order the inser-
ton of amendments. Mr.. Heath OBJ
jected to the looseness of the allega-
tons as stated in the bill and thought
the alleged excess of attorneys fees
should be stated. Mr. Booth replied that
the petitioners had no way of deter
mining the excess.
Mr. Booth offered two affidavts, the
admission of which was strenuously
objected to by Mr.. Heath on the
grounds that the persons were not
there for cross examination. The court
admitted the affidavits, whereupon Mr..
CHALLENGED 10 Of IF
the persons making the statements on
the papers. The atfidavits were from
Charles E. Gilman. a Portland bond
dealer, and Edward A. Moves, treas
| urer of the Portland Savings Bank.
both of whom stated that they had
followed the Water district matter and
that they had considered the fees of
the attorneys too high.
After the petitioners evidence was
in, Mr.. Heath arose and announced
that he was there to be examined and
cross-examined and that he wished to
be put under oath. After the oath
had been administered by Justice Sac
age Mr.. Heath went into great detail
describing his connection with the
Portland Water District.
My connection with the Portland
" dteI uiStIiCt DeSoIl tIlt ITSt week Oh
December, 1906, and l was then en-
plCyed by the petitioners to draft Il
charter and get it through the State
Legislature. 1t was very compile
Gated matter and 1 cannot say just
how much actual time I put into it
The charter / drew was novel and the
entire work was OF my own hand. l
attended many hearings before the jul
n ill
fully examined the books of the Port
land Water Co. The question of dis
posal of the bonds was Il most per-
picking one and l consulted numerous
Boston and New York brok ars and all
this took Il great deal of time. 1t was
constant work for three weeks to get
the charter through the Senate. after
it had been successfully voted by the
House.
II was asked repeatedly 10 20 to
Portland to address public meeting.
and finally gave in and went. In that
speech l was misquoted by The Port
land papers in regard to the figures
which l presented
Here Mr. Heath went into detail con-
corning his statements at the Portland
meeting and the statements presented to
the public.
"Al! this work." said Mr.. Heath ''prc
coded my official appointment as counsel
by the trustees of the Water District"
In regard to his election by the trustees
OF the Water District, Mr.. Heath stated
that he had been elected by a vote of
three to two and at first he had declined
the position. He said that Mr. Thompson
told him that if he QHeath resigned then
he would. After consultation with Judge
Foster, Mr.. Heath stated that he decided
to accept the office. Concerning compen.
sation for his services. Mr. Heath stated
that it was agreed by the trustees that il
they and counsel could not agree on COM
pensatlon then it should be referred to a
Judge or judges of the supreme court
Mr.. Heath at this point went on to de-
scribe the services of Mr.. Moulton. Mr..
Haskell and Mr.. Looney, who were asso-
cates with him in the employ of the Wa
ter District. and also Accountant Pride,
whose bill was also rendered in connec-
ton with the matter. Mr.. Heath stated
that criticism of Mr.. Pride was wicked
and told in SOME detail the valuable SER
vices rendered by that man.
Mr. Heath told how he and Mr.. Nou1.
share Of the labors assumed by the latter.
"Mr. Moulton is a young man and this
action means ruin to him. 1t is an out
rage. 1 say, on Mr.. Moulton."
The long experience of Mr.. Heath in
water district matters, his arduous labor
not for six months as alleged by the ne
ut1ons. but for II months, the greater
part OF which time he was solely engaged
on the work, were brought out exhaust.
lively by Mr.. Heath.
He showed wherein he had saved the
water District a great deal of money. in
Guiding not only legal expenditures. but
also engineering fees. his long experience
on water district matters having partic.
ularly well fitted him for the work
After the charter had been granted >.
SAID Mr.. Heath. land the trustees elected
started with these five men who know
nothing of water works matters. felt
1t my duty to leave them we'll eouipned
wren 1 went out of office I had nad 81
technical experiences in water works and
mad been connected with every water dis
trict in the State save one, and l carried