The Somerset reporter., 1909-07-29
Bombazee Power In Litigation.

"a Jill III 6qulUy 10 Qul6J Ultlo 10 bne
valuable water-power at Norridge-
wock, familiarly known as "Bomba-
zee" or 'Bombazeen' Rips, was filed,
Monday, in the Office Of Clerk of
Courts William T. Seekins. William
r. Hearst of New York, who purchas-
ed the entire capital stock of the cor
poration owning this power in 1899,
is the defendant in the action and the
plaintiffs are the former stockholders
in the company. There was wide
spread impression at the time of Mr.
Hearst's becoming associated with
the enterprise that the property was
to be developed for important uses of
value to the community, and the bill
alleges that Mr.. Hearst agreed, as a
part of the consideration for the pur-
chase of the stock, to proceed at once
to development of the power and to
proceed with such development in
good faith until completed, stipulat-
ing in the agreement that upon fail
ure to keep and perform his agree
ments all the rights conveyed to him
should revert to the parties convey
ing the stock, who should not be re-
quired to return any of the consider
alton in case of such reversion.
The main object of the bill is to en-
force the provisions cf this stipula-
tion and in effect work forfeiture OF
Mr.. Hearst's interest in the property
on the ground of this alleged viola
tion of his agreement.
The bill contains seven paragraphs.
The first sets out the organization OF
the Bombazee Water Power Company
in 1892, as Maine corporation. Pa
ragraph two describes the property
acquired by the corporation in the
year 1895, being two lots of land on
opposite sides of the Kennebec Riv-
er at Norridgewock, constituting in
effect single property on which the
power is situated. Paragraph three
alleges that the defendant Hearst, on
June 30, 1899, through his agent OF
trustee, Leonard Atwood, purchased
all of the shares of capital stock oil
the company, agreeing to commence
the development of the power within
a reasonable time and prosecute the
work in good faith until completed,
and providing for reversion of the
stock in case of his failure to keep
his agreement, as already noted. Pa
ragraph four alleges that the plain
tiffs constitute all the stockholders
of the company conveying to Hearst,
or their representatives Paragraph
five alleges that three years was a
reasonable time for the commence
ment of development work under Mr..
Hearst's agreement, but that he failed
to commence work within that time,
and that by reason of such failure his
title to the stock reverted to the
plaintiffs. Paragraph six alleges that
Mr.. Hearst has failed and neglected
to maintain the corporate organiza-
tion of the Water Power Company
and to pay the franchise taxes, by
reason whereof the charter of the
company was forfeited in December,
1903, and the title to the property, by
virtue of the forfeiture and the sta
tutes of the state became vested in
the plaintiffs, as former stockholders.
Paragraph seven alleges that in June,
1905, the plaintiffs entered and took
possession of the property in June,
1905, and have ever since acted as the
owners thereof, paying the taxes and
not being interfered with by anyone.
The bill further alleges fear on
the part of the plaintiffs that the de-
fendant Hearst may attempt to dis
turb them in their possession or cast
doubt upon their title, and asks per-
petual injunction against him from
exercising or attempting to exercise
any rights of possession, ownership,
or control over the property.
The order of notice requires an an
swer to the bill within one month
from the first Tuesday of August.
The bill was drafted by H. d. Eaton,
Esq, of Waterville, attorney for the
plaintiffs. The plaintiffs are Henry
K Sawyer, D. j. Haynes, Charles w.
Farrand, Charles H. Hussey, Charles
II. Emmons, Cony Russell, William
Brackett, Eben s. Miller, Emily Dan
forth, Orrin F. Hall and Frank w.
Spaulding, all of Norridgewock, Geo.
G. Wing of Auburn, Daniel W. Ames
of Portland, F. G. Danforth of Show
hegan, Charles III. Sawyer of Farm
ington, William M. Aver of Oakland
Herbert Haynes of Providence, r. l.,
and Augustus III. Conant of Melrose,
Mass.