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

The question of whether or not
William W. Nye of Fairfield was le-
gally elected trustee of the kenne-
bee Water District is to be deter
mined by Chief Justice Leslie G. Cor
nish. The evidence in the matter was
set forth at hearing held before the
chief justice at the courthouse Satur-
day morning, this being the pro-
ceeding on a petition in quo warran-
TO of the attorney general by reia-
ton Of Harvey d. Eaton Of Water
vile against Mr.. Nye seeking his re-
moval as trustee of the Water district
on the ground that he was a mem
Der of the board of assessors of the
i Fairfield Village Corporation, which
made the appointment and that he
thus in effect appointed himself. Mr..
Nye contended that he was legally
elected q trustee.
The hearing on Saturday was of
comparatively short duration as prac-
tically all of the facts were admitted
and the question is largely one of
law. Only two witnesses were exam
med, Arthur H. Totman, clerk of the
Fairfield Village Corporation, and the
defendant, Mr.. Nye. Attorney Har-
vey D. Eaton appeared for Attorney
| General Shaw, and Hon. William r.
Patangall of Augusta for Mr. Nye,
and at the close of the testimony, ar
guments were made by counsel for
both sides. Chief Justice Cornish
then took the matter under considera-
ton.
A. Fl. Totman, clerk of the Fair
field Village Corporation, produced
the records of the corporation show
ing the annual meeting held on the
first Monday of April, 1915. He testi-
fed that the term of office of the as
SCISSORS of Fairfield is one year, and
at that annual meeting in 1918, he
(Ir. Totman), w. w. Nye and Neil
Gregory were elected assessors. The
board of assessors then, on April s,
1918, elected Mr.. Nye as a trustee Of
the Kennebec Water District for a
five year term. Mr.. Totman stated
that he did not think Mr.. Nye parti-
cipated in that election, but that Mr..
Nye was elected by the votes of the
other two members of the board of
assessors, of Mr.. Gregory and himself
(Mr. Totman)
In 1920 and 1921, Mr.. Nye was again
elected a member of the board of as
SCISSORS, according to the testimony
of Mr.. Totman. In 1920, Mr.. Totman
was not an assessor, but still held the
office Of clerk of the village corpora
ton. On March II, 1921, Mr.. Nye sent
in his resignation as a member of the
board of assessors. and Mr.. Totman
as clerk, made it record. After the re-
signation. the assessors filed the
election of Mr.. Nye as a trustee of
the kennebec Water District. In 1920
the Fairfield assessors elected were
Mr.. Nyc, David King and Neil Gre
goire.
The witness, Mr.. Totman, was then
questioned by Attorney Eaton.
When was Mr.. Nye first chosen
assessor of Fairfield?" asked the at
torney.
I'm 1902" was Mr.. Totman's replv
How many times since then has
he been chosen assessor up to 1892"
asked Mr.. Eaton.
Witness replied that he could tell
by going through the records but At
torney Eaton then withdrew the aues-
ton and asked the witness if Mr..
Nye was again elected in 1920 and 1921.
witness replied in the affirmative.
Mr.. Totman testified that Mr.. Gre.
goire was first elected as assessor in
1903, and that Mr.. Kings first election
as assessor was before 1897 On Mar.
II, 1921. Mr.. Totman as clerk received
a paper from Mr.. Nye purporting to
be his resignation from the board of
assessors, and the same day he re-
ceived another paper purporting to be
Mr.. Nye's appointment as a trustee of
the Kennebec Water District. Mr..