Daily Kennebec journal., 1908-12-24
Wednesday Devoted to
Cumberland County Case.
RescTipt Handed Down in In
poTtant Rock|and Case.
Law Court Will Finally Adjourn
Thursday Afternoon.

The only case to be argued in the
law court Wednesday was that of Will
son, complainant VS.. City of South
Portland, which was transferred from
the Cumberland docket to the end of
the session. The law court remained in
consultation during the afternoon and
will finally adjourn some time Thurs
DAY forenoon.
Wilson VS.. South Portland is an ap-
peal from award of damages, and
comes up on exceptions by the city OF
South Portland. In 1907 the city of
South Portland condemned a piece of
land for 4 public park and in the
award Of damages no damages were
awarded to Virgil C. Wilson, who
claims TO own land taken. He appealed
from the action of the city and the
case was tried in the supreme court at
Portland, October term. Judge Spear
ruled that inasmuch as the city had
described Wilson as owner in its pro-
ceedirgs it could not later contest his
title to land, and allowed the case to
be heard only on the question of dam
ages. The city took exception to the
ruling of Judge Spear on that point.
At the hearing Wednesday the plain
tiff argued that an owner is one who
owns either a fee or any less title, con-
sequently evidence should have gone
to the jury as to the extent of Wilson's
ownership. The defendant claims that
having determined officially that Will
son was owner the city was estopped
to deny his title in a hearing on dam
ages. l.. NJ. Sanborn, city solicitor Of
South Portland, appeared for that city
and with him was associated d. n.
Meaher, the previous city solicitor, Un-
der whose administration the proceed
ings We're instituted. Charles A. Strout
of Portland appeared for Wilson and
Virgil c. Wilson, the party in the
original suit against the city of South
Portland and was also present.
The following rescripts were handed
down by the law court Wednesday in
Knox and York county cases:
Knox County--William r. Kalloch VS.
A. H. Newbert. Rescript, Spear ].
This is an action of trespass and
comes up on exceptions. The plaintiff
was a master of vessel which was en-
gagged in interstate commerce and iy
ing at wharf in the city of Rocllland.
j
nent commissioner duly appointed and
qualified under Chapter 92, Public Laws
If 1905 BY virtue of complaint and
warrant properly issued from the po-
ice court of the city of Rockland
which was placed in his hands for ex
.cuton, the defendant was directed to
earch the plaintiffs vessel for intoX
eating liquors, and seize them if
&c. do
he warrant was an ordinary search
nd seizure warrant in due form and
'thout apparent defect. The defendant
erved the warrant and found and
eized about 800 gallons of Intoxicating
quor. The liquor was duly libelled and
pom hearing being adjudged to be
thin the protection of the interstate
)mmerce clause of the Constitution,
as ordered returned and this order
as properly executed. While making
le search, the defendant went into
10 cabin of the vessel with the plain
# and found a small package of
Iuor containing about two quarts
hich the plaintiff said "a friend Of his
mt by him to Boston to get Upon
is statement the defendant did NOT
Ike the package. The case was sub
tied to the jury with verdict Tor
defendant. The defendant justified
acts in making the search and
zure as a duly qualified officer act
under legal warrant issued FROM |
court of competent jurisdiction. The |
tice presiding ruled that if prop |
executed. such warrant was |
al Justification The plaintiff OBJ
ed to this ruling and denied that |
warrant if fair upon its face and |
Ally sound afforded justification for |
ee reasons First, because the vessel |
engaged in interstate commerce |
nnd, by the provisions of the Pub |
Laws of 1908, Chapter %, Section :,
defendant had no power TO. act IN
enforcement of the prohibitory |
with respect to the keeping OF III
eating liquors. Third, to afford |