Norwich bulletin., 1914-11-20
TWenty-Year Old Case al Westerly
Trial in Superior Court of Ellis Swan Granite Company Odd Fellows Going Providence Demonstrations Fig ures Which the Tax Book Show-Death of William F. Wallace

Judge Chester W. Barrows held session of the superior court in Vest crly Thursday in the equity case of Isaac c. Ellis against the Swan Gran ite company. This case has traveled through the courts in various stages without reaching settlement. Nearly 20 years ago Major Horace Swan Of Westerly secured 99 years lease from Isaac c. EIIis, now Of Westerly, but then Of the town of Richmond of a por- ton of his farm that contains large ledge of granite. The lease stipulated that MT. Swan was to pay rental Of S1 a year, provided the ledge was not worked and granite Quarried4 buf If quarry was opened and 0oerated he was to pay one cent for each cuofe foot of granite quarried for u1onumen- taI work, but at no time was the rem tai to exceed $25 in any one year. Prior to the execution of this lease the ledgc was examined and deposit Of fairly good granite was found. The lease specified that there should be no forfeiture until release was made fin writing by MT. Swan. his heirs, ex- eoutors or assfgnees.
 It was claimed by counsel for Mr Ellis, Attorneys Harry F. Cross and Samuel H. Davis, that Major Swan never took possession of the leased property, never worked the ledge, never removed any granite. erected any derrick, or did anything towards op- erating a quarry, and did not pay rent or royalty June 25. 1895, nearly three years after excavation was made to ascertain ascertain the quality of gran ite, Major Swan arranged to have the lease transferred to The Swan Granite company, a corporation Incorporated in the state of Maine and of which he was the treasurer and members of his family stockholders. The Swan Granite company did not do anything towards the conduct of a. granite com pany. Tn 1881, upon petition of Major Swan, the company was placed on the list of inactive corporations of the state of Maine. MT. Ellis claims that the Swan company has no rights on the premises by virtue Of the lease; which is imperative. The existence of the lease constitutes a cloud on the title of the property and should he removed and the owner given clear possession. He asked that the Swan company be enjoined from any inter- est, or make any transfer of the prop erty leased on the lessee He asked the court for decree acquiring his clear title and that the lease be de- ciared null and void, that the lease be cancelled by the court and that trans action be expunged from the I.acords MT. Cross said that the lease cloudeo the title and that the defendant by inactivity or neglect to carry out the real meaning of the lease, had really abandoned the lease and the court was asked to remove the cloud upon the 6tle.
 Harry B. Agard counsel for the Swan Granite company, stated that the lease was executed in good faith, that the defendant had entered upon the premises and worked the property now at stake and had taken out samples ot the granite Before the granite prop v ha T1qrad a Tr0FIzfY1p basis, the quarry was flooded and the defendant was unable to work 1t. There was never any intention of abandon ing the property which is held by de- fendant under the lease. The com pany was placed on the list of fnac- tive corporations in the state of Maine simply to save expense, and can be placed back in the active list at the option of the company.
 The court adjourned at 4:40 unti s:50 Friday morning.
 fn honor of fae official visitation oi Robert T. Daniel of Georgia, grand sire of the Independent Order of Odd Fellows, there will be a big street pa. rade of Odd Fellows in Providence to. night, in which Narragansett lodge oi Westerly will participate, being assign. ed to a place in the fourth division with lodges from WoonSocket, War. ren, Fall River, Bristol. Pascoag, Peace Dale Wakefield, Pawtucket and Eas Providence. The procession will bs composed of five divisions, and Brfga. dier General Herbert $. Tanner will be chief marshal After the parade there will be a monster meeting il Infantry hall when addresses will bs made by Governor PotYrier Mayo, Gainer, Grand Patriarch Poole, GranC Master Pierce, Grand Sire Daniel anC Pest Grand Sire Alfred T. PinkertoI of Worcester. There will z also bt