Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-12-15
Has Town Right to Tax
Ministerial Funds?
Important Question Is Involved
In a GOrham Case.
Franklin, Hancock and kennebec
Cases in Order, Friday.

The entire day, Thursday, in the
law court was taken up With the argu-
ment Of Cumberland county cases
The Franklin, Hancock and Kenne
bee doCkets will be in order for Fri
day. Knox and Lincoln for Saturday
and oxford for Monday.
Among the attorneys present at the
law court session, Thursday, We're
David w Snow, w. c. Eaton, VIII
liam A. Comedian, c. A. Strout, vi
= Frank. Carroll w. Morrill,, NJ. r.
O'Brien, Harry Nixon. Scott Wilson.
John A. Waterman, Benjamin q.
Ward, Of Portland and Harrie L.
Weber Of Auburn.
The first case to he called on the
Cumberland docket was that of Fred
w. Damon Us. the United Photogra pin
Materials Co, in which BENJAMIN G
Ward appeared for the plaintiff and
Harrie l.. Weber for the defendant.
The case of the Boston Art Metal
Co, VS.. F. W. Cunningham e. Sons
was argued by David W. Snow for
the plaintiff and William c. Eaton
for the defendant. This case is con-
neetcd with the construction of the
Portlend court house and involves the
question Of what was included in 4
snb-contraet.
Joseph J. Comedian appeared for
the plaintiff and Chester \. Strout
for the defendant in the personal
damage action of Joseph ]. WEIGH IS.
Portland Lighting and Power Co.
The ease of E. p. Clark rs. Walter
Clarke was argued with ". c. Eaton
as counsel for the plaintiff and II.
II. Sawyer for the defendant. The
question involved is the title to the
goods repleVied.
The case of the Inhabitants of Cor
ham vs. the Trustees of the Ministeri-
al Fund in the First Parish in Cor
ham, which WAS before the court up
on an agreed statement, was the
most interesting case of the day.
Scott Wilson appeared for the plain
riffs and John 4. Eastman for the
defendant The case involves the right
% a town to tax ministerial funds
The First Parish of Gorham was in
eora9rated under the laws of the com
monwealth of Massachusetts in 1902,
and had its principal place of business
in Gorham on April !, 1910. when II
was the owner of 22S shares of the
capital stock of certain Maine bank
ing institutions a fair market Nalue
Of The stocks being at least 81, 500 ae-
cording TO the agreed statement. Louis
l.. Files, Elbridge NJ. Wilson and Will
is H. Durand assessors Of the town
of Gorhain, in April 1910, assessed
this bank stock for s2S2.2i The pay
nnent of the tax was demanded July /,
1910, by Charles W. Harding, as col
lector, and was refused and Aug. 81
1911, the selectmen of Gorham began
action In the name of the inhabitants
of the town to recover for the taxes
assessed.
The act under which the First Par
ish of the town of Gorham was incor-
nora:ed is similar TO the acts author
izing other towns in the early days of
New England TO sell ministerial land.
to raise a fund for the support of the
ministry. When these towns We're
originally formed they We're required
to set aside three lots. one for +e
first settled minister. another for the
support of the ministry and another
fer the support of the public schools.
William H. CULVER appeared for
the plaintiff and Thomas Talbot for