Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1912-03-06
ANAL 1Jcttces.
UNITED STATES or AMERICA.
DfsTxrcr or MAINS,
UNITED STATES DIsTnIcr CesRr.
UNITED STATES or AMERICA

| UNITED STATES DfsThICf Cevkr
UNITED STATES OF AMERIcA
VS.
EBEH MERRILL.
To The Honorable judge OF the District Cssrt
Of the United States q America, for the Dis
The petition OF the United States Of
Anne rice by Robert T. Whitehouse. Attorney
for the United s ates OF America for the Dis
Honor. z
That BY an Act Of Congress approved Feb
ruary II, 1902, entitled can act making sppro-
pTtatiops 10 supply urgent deficiencies in
the appropriations for the fiscal year ending
June thiftieih. nineteen hundfed and two.
a fand was appfopriafed 10, the pnrchase oil
an addition 10 the fish hatchery station at
Green lake in the town OF 0tis and state OF
Maine, and that thereby the secretary OF
commerce and labor OF the said United
states ~ authorizes to procure sach real
estate as may Dc necessary for the said pur-
poses AID that In pursuance Of ne said
aat hofity The said secretary VI commerce and
labor has determined mat he here snafter
described los o. parcel 81 lar Is Hecessary
possible for the said United states TO secure
tbs said land by purchase OF Voluntary con-
yeyance-
That pursuant to The provisions OF the Act Of
Congress approved Angnst ist 1888, and en-
Titled "aB act % anthoFize the conde mna-
ttgB OF land for sites Tor puqiic buildings and
othef purposes which said set authorizes
th4 secretary Of the treasury or any other
officer o. the government who hps been
authorized t. procure real estate foF the cree
ton OF public building or for okher public
uses 70 acquire the same Tor the Unised
States by condemnation under Judicial pro-
cess whenever 10 his opinion II Is necessary
or advantageous 70 the government TO do so,
the secretary o. commerce and labor Gecidea
AID now is OF he opinioa that it Is nee
essary ard advantageous 10 the government
Of thE said United States TO NcQaire the said
land BY CONFORMATION under iadtciaf pro-
cess, and npoa the twenty hTst day 81 Merck.
q. d.. 1871, tue said secretary " commerce and
lab made application to the attorney gem
eral OF the United States 10 cause such con-
domination proceedings 10 be commenced. and
the attorney general OF the United states
on the twenty-foutth day Of March, a. d., 1911,
instructed ami ciIectedethe petitioner, the
attorney Of the United States for the Dis
tricl OF Maine, to Institute thsse proceedings
for the cond mnaifon Of the said land.
That the said land required for the purposes
aforesaid is situated ia the town OF Otis in
the county OF Hancock and state Of Maine,
iUwst Beginning at a point marked by
iron bolt in boulder on the diyi-
sion line betw en- land o. the said United
states aud land q the B5en Merrill farm
so called thence south sixty-five degrees
and ten minutes west six hundred and
eight four tGs4) feet, to point; thence
sixty I've 1851 set 70 d point; thence north
ten degrees and thirty minutes west, one
one hundred eighty t1s01 feet to point;
thence north hfty-fse degrees and forty five
minutes east TWO hundred and fifteen (2I5}
feet 10 point hence south seventy six de-
gret and forty i've minutes east, two hum
dred fifty one and hve-tsnths {251.5) feet to
point; thence north City three degrees and
forty hse minutes east one hundred twenty
two tll2l feet 10 point; theece north
twenty-five degrees and fifteen minutes west
four hundred forty and i've ieHths (44Q51
feet to q point: thence north thirty seven
degrees and fifteen minute east one hundred
forty seven (49ll ieet 10 point; thence
north sixty degrees west one hundred thirty
seven tls1) iest 70 a po1nt, thence north
six cen degrees e8st eighty one {sl) feet to
q point thence south eighty-thfee degrees
and forty i've minutes east four hubdsed
eleven and FIVE. ulns Ytgt 81 IN a ts0f
thence south twenty tour degrees east TO
the point OF besinningi said description
covering land Of E5en Merrill farm flowed by
the United States upon raising the Dam of
Rocky pond. so called; also a right of way
over the land inmediAt " adjoining he dam
OF said ROCKY pond. Tor tue purposes CT
maintaining and repairing said dam.
That the tollo1ing named person claims 70
be the owner in fee OF he above described
land and rights which the said United
States is unable TO Obtain By voluntary con-
veyanee and which it is desired to acquire
by eoDdemuation in these proceedings
Aforesaid, namely: Eben Merrill of Nome
in the territory Of Alaska.
Wherefore the said plaintiff, the United
States OF America, prays this honorable court
that the said EDen Merrill and all other
parties interested herein be made parties de-
PENDANT TO these proceedings by giving to
such persons due notice of The pendence Of
this petition, in such manner as the court
may see ut to direct, and further commanding
them to appear before this court on day set
for the bearing Of this petition. then and there
to make answer to the same and to show cause,
II any they have, why said petition should
not be granted and their interest in said
Land condemned prayed for herein, and
abide the further order and Judgment OF
court in the premises and that they may be
further notified by order and direction OF
this court that on day certain TO be fixed
by the court hearing viii be had on said
petition, and the plaintiff further prays
that at said hearing u jury may be en-
psnue3led tor an inquiry and assessment of
the damages and com pensation to be paid by
the said United States for the interests of each
of the said parties In the above described
land sought to be acquired BY the said United
States Tor the purposes aforesaid; and that
upon payment into court or to the proper
owners, defendants herein, By the United
States, of the amount OF compensation equal
10 the sum assessed by the jury the
value OF the interests in land above described,
that possession may be awarded it by this
court, according TO the law and that the
absolute title to the said property thereby
vest in the said United States Tor the pur-
poses aforesaid, and that the court will award
such sum to said Ehen Merrill. to such
party or parties as may rome into court and
prove their respective rights thereto; ard
for such other and further orders the
nature OF the case may require, or as may
in the premises be just and right
ROBERT T. WHITEHousE,
Attorney Of the United States
for the District Of Maine.