Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-23
American Ice Co. vs.. H.
habitants Of Pittston.
Matter Taken Up by Supreme
Court in Vacation.
Plaintiff Asks Abatement Of Tax
Rate on Ice Property.

A vacation session of the kennebec
county supreme. judicial court was
held Tuesday to tai e up the postponed
case of the Inhabitants of the Town
OF Pittston VS.. The American Ice Co.,
noted as the Pittston Tax case. This
case was assigned for the last Friday
session of the regular court but oW-
ing to the fact that its hearing at that
time would be very inconvenient for
the acting attorneys, Associate JUS
tice William p. Whitehouse, who pre-
sided a. the October term of court,
allowed postponemGnt of the case
until after the final adjournment of
the court and during it's vacation.
The case is in the form of a petit
ton from the American Ice Co. for
an abatement of the tax rate in the
town of PittstOn on it's ice houses as
seSsed in that district. The company
also desires that it shall be reim-
bursed for the amount of taxes that
lit claims has been overpaid during
the past four years, especially in the
year Of 1908.
The ice company bases its side of
the case on the claim that the ice
houses have deprecated in value dur
ing the past few years at the rate of
Is to 10 per cent per annum through
lack OF usage, and in the year of 1908
it claims that the ice stored i'll the
houses was understandable.
II is the claim OF the inhabitants
of the town OF Pittston that due con-
sideration has been made in the de-
probation of value and that a just
rating was set in accordance with the
experience OF the town assessors. 1t
is also stated that the company has
merely paid it's real estate tax but
has been delinquent in the payment
J of the ice tax.
The witnesses for the ice company
gave testimony as to the valuation of
the ice during the past six years and
to the nOn-uSage and unmerchant-
ability of the ice in storage during
the different years involved in the
question. There We're four witnesses
in behalf of the American Ice Co., as
follows: l.. 9. Ballard of Gardiner.
local general manager for the ice
company; Alvin Cults. superlntend-
ent of the Pittston ice houses; Charles
f.. Clark, assistant superintendent; A.
G. Chase, a former ices broker and at
present an insurance agent.
Three witnesses We're called to tes-
tify on behalf of the town of Pitts
ton. They were County Commissions
ers Williams and Haley. and j. f..
Plllmmer, one of the assessors of
Pittston.
The county commissioners were call
ed to testify as to their calculations
after going over the ground in the as
sessng of Valuations on general rrin-
ciples, and their estimates as to the
depreciation of the property and loss
on the storage of the ice.
MIR. Plummer, as one of the assess
ors. gave testimony relating to the
basing of the tax rate.
The hearing of the testimony of
these seven witnesses occupied the
greater part of the session with the
presentation Of the cases of the two
parties by the attorneys, George w.
Heselton for the inhabitants of Pitts
ton and w. G.. Atkins for the Amer
lean Ice Co. Court was adjourned late
in the afternoon but before the clos
ing. briefs Of facts and data of fig
ures and ratings were filed by each
attorney with the presiding justice.
The decision of the court will be made
sometime in the near future.