Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-03-19
ORDINANCE PROVIDES
FUEL WOOD MUST
Be SOLD Dt-coRD
Measure Given It's First
Reading Monday Eve
ming Greenwood Ar
mold Is Refused Re-
quest for Reimburse
ment for Purchase of
Invalid Title to Land
from City

from C1Cy
An ordinance having as its purpose
the protection of buyers OF wood was
introduced at the meeting of the city
government last evening and received
its first reading in both branches. The
measure provides that the fuel be
sold by the cord or fractional part
thereof and that, on the request OF
the buyer, the seller shall give state
ment of the measurement and by whom
measured. The text Of the ordinance
is as follows:
Section J. All wood sold for fuel
within the city shall be sold by meas
IRE. as a cord or Some fractional part
thereof
Section 2 The seller shall deliver
TO the buyer. if he so requests, Ger
tificate signed by him, stating the
measurement of the wood delivered
Herewith and by whom the same was
measured.
Section 3. Stove or fitted wood
when closely laid together or piled shall
fill a space containing not less than
50 cubic feet for each half cord and
when not closely laid together or piled
shall fill a space containing not less
than 72 cubic feet for each half cord
thereof, at the time of sale.
Section 4. Whoever violates any
provision of the three preceding sec
lions forfeits not less than 81 nor more
! than $40 for each offense.
Accepting the recommendation OF
! City Solicitor Melvin +. SaWtelle, the
city government denied passage to an
order introduced at the last previous
regular meeting which would provide
that Greenwood c. Arnold of this city
be reimbursed in the sum of $500 for
the payment of that sum by him to
the city on March 8, 1912, for deed
to ~ acres near the Sidney line, the
title to which proved defective. Ar
mold and William Y. Ballard, who was
to have been a partner in the transac-
ton, testified at the meeting at which
the order was introduced that they
| had been assured that the city would
stand behind the quit claim deed
which was issued to Arnold.
In his report presented last evening,
City Solicitor Sawtelle, after quoting the
original order passed on May %. 1917.
calls attention to the fact that the city
council gave no direction or permission
to the treasurer to execute anything ex-
cept a quit-claim deed, and that the city
I trea surer apparently followed his instruc-
lions TO the letter. He also points out
that some two years elapsed before the
adverse title made its appearance and
/ that they made no attempt to cut and re-
4 move the lumber from the lot or other
wise to reap benefit from their purchase
claim they stepped aside, The city so
lcitor says that although Mr.. Arnold and
Mr. Ballard both admit that they knew
! they were only receiving a deed of quit
! claim. by seeking to introduce a lot OF
alleged converse ton they seek in effect to
render it deed OF warranty" Mr. Saw
telle finds himself unable to concur with
Mr.. Arnolds counsel that deception was
used. What they did or rather what
they did not do satisfies me that they
never rested very heavily on their title. =
he further says
Mr., Perkins, then city treasurer. utter
/ iy denies, states the solicitors report
that he assured either Mr.. Arnold or Mr.
/ Ballard that the city would stand behind
the title, and Mr.. Mclean, then CITY so.
licitor says that he distinctly recalls
stating to the men that he regarded fax
deeds as very questionable, and that in
his judgment the deed was absolutely
worthless.
! no my mind concludes Mr. Saw.
telle's report. this statement Of Mr.
| NcT &c
these men at the time they took ;ht
ueeu knew exactly what they had anC
elected to take their chances. expect
ing TO realize by the sale of the lum
Der on the lot large profit for them
| selves. They embarked in a specula.
ton which has turned out badly. dt
! not feel that they have esta blished the
! fact that they were deceived in an,
way, and il not. having made a fan
bargain with their eyes open they
, should accept its consequences and no
ask the city to take it off their Shout
ders. l would respectfully recommcn,
that the order be denied passage -
| toll Of Accounts No. 8. amounting i.
the aggregate to the sum of s21, 795 80
| was read and passed
1t was ordered that the sum of $780,
! be appropriated for the use of city gar
dens, to be expended under the direc
! ton of the garden committee
4, The privilege of maintaining pea
nut stand on the north side of OAR
street, in front of the First National
Granite Bank was revoked. the act Il
take effect Immediately.
The mayor was authorized to draw
his warrant in favor OF George Z. Gay
! commander OF Seth Williams Post. &
| A. r.. for $215, to defray expenses %
| Memorial day.
An order was passed providing tina
600 copies Of the Revised Charter and
Ordinances Of the City of Augusta b,