Daily Kennebec journal., 1908-12-18
Involving Valuable Bangor
Property Is Argued.
First Case to Come Up Under
New Public Library Statute.
Sagadahoc and Somerset Cases to
Be Heard Friday Afternoon.

|
in this State under the public library
statute, which authorizes towns and cit
les to condemn and take land for public
| library cases, came up as a new entry
| This was the equity case Of Pierce VS.
| the City of Bangor, which is now in its
third term in law court and in all has
| been argued seven times in law and mis-
prius courts
| The further importance of the case car
| be seen from the fact that it involves
property estimated to be worth $1,000 il
the heart of the city of Bangor, this be
ing the amount awarded to the late Mrs
Laura Hayford by the municipal officers
of The city of Bangor when the property
was taken. 100000 for widening the street
and $4,000 for the public library.
| The case is entered on the law docket
as new entry this term, Pierce in equi-
| ty vs. City of Bangor, and its history
| an6 anteccdents are as follows: In 100.
| the city of Bangor condemned 4 library
| lot on Hammond street then owned by
the late Mrs. Laura Hayford, as trustee
| of William f. Hayforu. Mrs. Havford
| appealed from the award of the munich
| pal officers. She died while the appeal
was pending and about March /. 1908, the
| case involving the appeal of Mrs. Hay
| ford to determine the valuation of the
property and petition for increase OF
damages was dismissed by the law court
| on the ground that the death OF Mrs
| Hayford abated the entire proce edinSs
The present case is brought bv Ms. An
ma Pierce, the devisee of the late Will
liam B. Hayford. The plaintiff contends
that her property is taken away without
| trial by jury and asks that the law court
grant her the right to a jury trial in the
| case. She further contends that when
the petition for increase of damages was
| abated that action invalidated the entire
proceedings. The defence argues that
| there is 10 provision for the acts of the
devisee of William Hayford and that the
death of the trustee, Mrs. Hayford, who
brought the original action, abates the
| entire proceedings, which We're pending
| at the time of her death. +. C. Ryder
of Bangor for Pierce, c. A. Bailey OF
Bangor for city Of Bangor. The equity
suit was brought by Mrs. Pierce. just
as the city CT Bangor was about to oc-
cupy the lot.
Inhabitants of OrOno vs. Bangor Rail
| way & Electric Co. This is a case where
| the town of Crono appealed from de-
| cision of the STATE railroad commission
| ers appCrtioning the expenses of the re-
pairs of the Saltwater bridge between
| Bangor Railway & Electric Co and the
| town of Orono The case came Up from
the April term of the supreme court ir
| Penohscot on report. The defence argues
| that the towns apportionment was exces-
| sivc and that the repairs We're made nee
essary solely by the railroads. occupancy
of the bridge The defence argues that
the railroad commissioners held several
meetings and went carefully over the
| question or expenses and apportioned less
than one-half of the expense to the town
| c. J Dunn of O1ono and l.. G. Stearns OF
Bangor for Orono +. c. RYDER of Bangor
for Bangor Railway & Electric CO.
Stevens VS.. Howland Pulp & Paper Co.
| This is a case where Deputy Sheriff Jo-
] seph A. Stevens of Lincoln brought an
| action of trover against the Howland
| Pulp & Paper Co. for the conversion OF
logs attached by him under lien process
! Tie case comes ~ from the October
| term Of the supreme court in Penobscot
| on report The argument hinges alpon the
| question of the validity of the attach
ment. the point at issue being the al
legged peculiar language used in the Off
| GERS return. +. ID. Bailey of Bangor
! and J. S. Williams Of Guilford for plain
| tiff. Peaks & Peaks of Dover and +. II.
! Gillin of Bangor for defendant.
| The Piscataquis county lawyers We're on
| hard at the opering Of court Thursday.
| among them being Henry and James
| Hudson of Guilford and Col. J. 3. Peaks
Of Dover, but tho i'iscataquis cases were
not touched until afternooR as tie last
| Penobscot county case was no, complet-
| ed at the forenoon session.
| The first Piscataquis county case to be
| argued was that of Wilson Stream Dam
| Co. VS.. Boston Excelsior Co. This was, an
| action to recover toIls' on logs passing
down Wilson stream and came up from
| the January term on report. The defence
| argued that the toll, if there ever was
| one, expired. having ceased on account of
the complainant being reimbursed for ex-
penditures, and further that the defend
ant was not the party which had heep
sued. The plaintiff contended that the
right party was sued and that plaintiff
was still entitled to toll. Hudson & Hud-
son Of Guilford for plaintiff and W. A.
johnson of Bangor for defendant
Briggs Aplt., VS.. Chase. This is a case
where Judson Briggs Of BroWnville gave
a lease to +. L. Chase Of the same town
for one year. with the privilege of hav-
ing renewal for a period not exceeding
10 years. Briggs died within the year
and when Chase went to his widow. Mrs.
Mary Briggs, the plaintiff in the case to
renew the lease she refused to renew.
Chase continued to occupy on the ground
that his original agreement with Briggs
gave him the right to do SO. Mrs. Briggs
brought an action for forcible entry and
detainer at the May term in Piscataquls.
Peaks & Peaks for plaintiff, Hudson &
Hudson for defendant
There are several more Piscataquis
cases to be tried, which will probably
! "A a H~ ~ a n ~