Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-05-04
CASE
IS ATTRACTING
MUCH attention
Ancient Maps and Matters Used
in Paris Treaty Introduced in
Testimony-Alienage Claim
an Extremely Technical One

Houlton, Me-, May 3.-The case
which attracted the most widespread
attention Of any Of those heard during
the term Of the supreme judicial couN
at Houlton, was an action Of quo war
ranto brought in the name Of w. r.
Pattangall, attorney general, against
Levite V. Thibodeau, a member of the
bar of Aroostook county, alleging in
substance that the defendant was not
entitled to the liberties, privileges and
franchises Of a member of the bar, be-
cause he was an alien and not a citi-
zen Of Maine.
Powers & Guild of Fort Fairfield, ap-
peared for the attorney general and
Hersey & Barnes and Hon. r. w.
Shaw for the defendant. The hearing
occupied the greater part of the last
day Of the term, and was attended by
other members Of the bar, and throng
of citizens who had known Mr.. Thibo
deau. the defendant from his boy
hood.
Boundary Involved
The question involved the right Of
person born in those sections Of Maine
and New Brunswick which lie between
line drawn across the State of
Maine, north of Mars Hill, and the
Laurentian Highlands, to claim citizen
in the United States, and required the
construction Of the Treaties Of Paris
and of Client and the Webster -Ashbur-
ton treaty, the last of which fixed the
boundary of the State of Maine and
determined the status of that body of
French speaking people who in 1855
were dislodged from their settlement
on the shores of the Bay of F'undy, in
the Basin of Minas, into the wilderness
in the St. John valley. just before the
termination Of the French and Indian
wars, where they were lost to view, so
far as the English and later the United
States were concerned, until in the
taking Of the census of 1880, it was
found that there was so large a set
Element Of them in the ST. John Valley
that the polls, of whom census was
taken, totalled the number of 300. The
defendant is a direct descendant Of
one Of the original Acadians. Olivier
Thibodeau.
The Burden Of Proof
When the case was called for hear
ing, the defendant introduced evidence
of his admission to the bar oe Aroos-
took county, Dec. 9, 1896, thus estab-
fishing the presumption that he was a
citizen and not an alien, and the bur
den of proof devolved on the plaintiff.
who thereupon admitted that the de-
PENDANT was the grandson of Francis
Thidodeau, who represented the plan
tation Of Madawaska in the Maine Leg
islature of 1919; that his father, Vital
F. Thibodeau. was born on the home
stead of Francis, where he lived until
he was married and had arrived at
the age of 90 years. when he removed
with his wife and one child to the Ca
madam side, and lived on farm be-
longing to his father in what is now
ST. Lennards, New Brunswick.
While Vital F. Thibodeau, the IA
Their, was a resident of New Bruins
wick, he performed the duties Of a
surveyor Of highways and justice of
the peace, and his son, the defendant,
in the present action, was born there.
When Levite V. Thibodeau was II
years Of age, his father returned to
the American side and re-established
himself upon the paternal homestead
in what is now Grand Isle, Aroostook
county.
Many dispositions were introduced
and certain witnesses testified, very
aged people contemporaries of Vital
Thibodeau, and the issue before the
court was whether Vital F. Thibodeau,
while a resident Of New Brunswick,
by any act of his. which should nat
uralize his minor son, renowned and
abdicated his American citizenship.
Maps and Treaties
Maps Of ancient date, copies Of the
maps used at the Treaty Of Paris and
the commission and report of Cavanaugh
and Dean, authorised by the legislature
of 1881. and copy Of map from the
office OF the land agent Of Maine, made
in 1S4S, were introduced, and testimony
was given by Hon. T. NJ. Jones, barrster
and attorney-at-law Of Woodstock y. B.,
as to the nature of the oath required of
local officials having charge Of highways
and justices Of the peace during the time
that the senior Thibodeau lived in New
Brunswick.
The evidence closed with the testimony
of the defendant. Levite v. Thibodeau.
Esq, as to his boyhood and youth, his
residence as a man and attorney at-laW
in Maine, and his continuous service as
member of the bar Of Aroostook county,
during practically a fifth Of century.
The claim Of alienage is extremely tech
meal, and at the close Of the evidence
Chief Justice Savage said he would take
the matter under Amusement; that coun-
sci should argue the case in writing and
be allowed until Sept. L for the filing Of
briefs.
The case is one Of great importance to
the many descendants of the original set
tiers on the upper St. John in Maine. and
the decision Of the court will be awaited
with a great deal Of interest. No man in
that vicinity is better known than the
defendant, for it will be remembered that
at the opening Of the legislature Of 1915
he was seated as the member from Van
Buren, and later counted out
ICEBORO
There was a large attendance at the
service at the chapel Sunday after
noon. Rev. Mr.. Brown officiating. Quite
-