Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-06-20

Water District" asked Attorney
Pattangall-
THE board of trustees of the
| Water District have nothing to do
with the board of assessors" was
the reply of Mr.. Nye.
What is the compensation of a
member of the board of trustees of
the Water District" asked Attorney
Pattangall.
i 1.-TWO dollars meeting and the
! members pay their own expenses
was the reply. Mr.. Nye stated that
meetings were supposed to be held
every Tuesday night
/ Mr.. Nye testified that in March
! 1921 he was serving in both capa-
cities, but on the 18th of the month
he resigned from the board of asses
sors. His resignation was accepted
| by the other two members of the
hoard, following which they elected
him a member of the board of trus-
tees of the Water District Prior to
that he had learned that there was
some doubt as to the legality of his
first election.
i In March 1921 he had served prac-
y
term as trustee of the Water District,
and two thirds of the time he had
been a member of the board of as
I SCISSORS. Mr.. Eaton was attorney for
I the Water District when he was first
Z elected, testified Mr.. Nye. He quail
ifed before Mr.. Eaton, but he did
rot know if Mr.. Eaton knew he was
i Il member of the board of assessors.
Mr.. Nye was then questioned by
Attorney Eaton regarding his ap-
puintment in 1918 as trustee of the
Water District. and Mr.. Nye re-
piled that he had made application
for it and filed it with the assessors.
He also testified concerning two let
ters he had received from Attorney
Eaton. He had received one letter
directed to himself and the other di-
rected to the assessors of the Fair
field Village Corporation. These let
ters were admitted in the cases ub-
ject to objection.
!, On redirect examination, Mr.. Nye
testified that there are five trustees
of the Water District, two chosen by
Fairfield Village Corporation, two by
county
commissioners.
Attorneys Arguments
The contentious of both sides were
set forth in the arguments of the at
torneys.
Attorney Eaton stated that the
cstion is one of law as to whether
MIR. Nye's election or appointment in
1918 was valid. He argued that gen
orally such appointments are forbid
den by the statutes, and he cited
cases showing that u man in a posi-
ton of trust shall not use his position
for his own advancement or gain.
On the matter of Mr.. Nye's res
ignation, Attorney Eaton argued that
it made no difference as a matter OF
principle whether Mr.. Nye's term OF
office expired one hour before or one
hour after his appointment as a
member of the board of trustees. and
that Mr.. Nye'S resignation was void
and Intellectual. He cited authority
TO the effect that resignation to be
effective must be presented to the
body that had the original appointing
power and must be by them adopted
In this case, he said, this was not
done. He argued that Mr.. Nyc's
resignation should have been tender
ed to the Fairfield Village Corpora
ton to be effective
| Attorney PattansaIl Argues
Attorney Pattangal contended
, that there is nothing in the statutes
barring the proposition of Mr.. Nye
being elected trustee of the Water
District, and that there is nothing
in the bylaws barring it, He point
ed out that the two offices are not in
their nature incompatible, that the
trustees of the Kennebec Water Dis
trict are in no way under the board
of assessors and make no report to
them. He stated that the office of
trustee OF the Water District is on
the whole unpopular, that it pays
only 81 a meeting without travelling
expenses.
He pointed out that the fedora
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