"Be it remembered that on the 29th day of October in the year of our Lord 1902, George M. Seiders, attorney general of the state of Maine, comes before the court in his proper person and by virtue of his office, and in behalf of said state gives the court to understand and be informed that the Twin Village Water Company did on the 1st day of October in the year of our Lord 1902 usurp, and still continues to usurp, the following liberties, privileges, and franchises, to wit:
"In that during the time aforesaid it has exercised the powers, privileges, and immunities incident by law to a corporation aggregate, and as such has claimed a franchise to furnish electric lights for lighting streets in the towns of Nobleboro, Newcastle, and Damariscotta, and to dispose of electric light and power to individuals and corporations therein, all which liberties, privileges, and franchises the said Twin Village Water Company during said time hath usurped upon said state, and still doth so usurp, to the great damage of said state.
"And the said Attorney General, by virtue of his office aforesaid, and in behalf of said state, further gives the court to understand and be informed as follows:
"1. By chapter 607 of the Private and Special Laws of Maine for the year 1893 the Twin Village Water Company, then known by the name of the Glidden Water, Illuminating and Power Company, was duly authorized by the Legislature of Maine to furnish water for the extinguishment of fires and for domestic, sanitary, and municipal uses to the towns of Nobleboro, Newcastle, and Damariscotta and the inhabitants thereof, and to furnish electric lights for lighting streets in said towns, and to dispose of electric light and power to individuals and corporations.
"2. That by chapter 10, p. 9, of the Private and Special Laws of Maine for the year 1895 the name of said corporation was changed from the Glidden Water, Illuminating and Power Company to the Twin Village Water Company, and it was therein provided that, in case no portion of the works of said corporation should be put into operation within four years from the date of the approval of said act, the rights and privileges therein granted should be null and void; and said act was approved on the 1st day of February of said year 1895.
"3. That prior to the 1st day of February
899, the said corporation organized under its charter and the amendment thereof aforesaid, and put into operation a portion of its works within four years from the date of the approval of said chapter 10, p. 9, of the Private and Special Laws of the year 1895 by building a waterworks plant and by commencing the furnishing of water for the extinguishment of fires and for domestic, sanitary, and municipal uses to the towns of Newcastle and Damariscotta prior to the 1st day of January in the year 1897, and has ever since continued to operate the said water plant.
"4. That the said Twin Village Water Company has neglected since the passage of said chapter 607, p. 916, of the Private and Special Laws for the year 1893, to furnish electric lights for lighting streets in the towns of Nobleboro, Newcastle, and Damariscotta, and to dispose of electric light and power to individuals and corporations therein as by its charter aforesaid provided.
"And the said Attorney General gives the court to understand and be informed that the said Twin Village Water Company has long since, to wit, on the 30th day of September in the year of our Lord 1902, forfeited all its franchises under its charter aforesaid to furnish electric lights for lighting streets in said towns of Nobleboro. Newcastle, and Damariscotta, and to dispose of electric light and power to individuals and corporations therein, together with all the rights, privileges, powers, immunities, liberties, and franchises aforesaid thereunto appertaining by law.
"(1) Because he says that by the acceptance of the aforesaid charter and of the franchise therein created so to furnish electric lights and power as aforesaid, the said Twin Village Company became charged with the public duty of furnishing electric lights for lighting streets in the towns of Nobleboro, Newcastle, and Damariscotta, and of disposing of electric light and power to individuals and corporations therein, and of thereby serving the public.
"(2) Because the said Twin Village Water Company has neglected and unreasonably refused for a period of more than nine years to perform its aforesaid public duties under its contract with the state so to do.
"(3) Because the said Twin Village Water Company has willfully, intentionally, and unlawfully refused to perform its aforesaid chartered duties, and has abandoned the same.
"(4) Because the aforesaid franchise so to furnish electric lights for lighting streets in said towns of Nobleboro, Newcastle, and Damariscotta and to dispose of electric light and power to individuals and corporations therein became the property of the state of Maine on said 30th day of September in the year of our Lord 1902, when so forfeited as aforesaid, but the said Twin Village Water Company so illegally and wrongfully withheld the same from the state since the said 30th day of September, as aforesaid, down to the present day, and has claimed and is still claiming to hold the said franchise as its own, and is illegally and unlawfully preventing the occupation of said streets by any other corporation that might otherwise be lawfully authorized to occupy the same, to the great detriment of the public and in violation of the trusts of its charter, and in willful perversion of the objects, duties, and public obligations thereof.
"And the said Attorney General further gives the court to understand and be informed that the foregoing illegal acts and doings by the said Twin Village Water Company done and performed, and the failures and omissions to do and perform the acts by the said charter and act amendatory thereto required, and the forfeiture of all charter rights consequent thereon for furnishing electric lights as aforesaid for said towns, and notwithstanding the expiration of all charter rights as aforesaid, the said Twin Village Water Company has during all the time since said 30th day of September, 1902, now last past, usurped and doth usurp from said state the liberties, privileges, and franchises following, to wit:
"The powers, privileges, and immunities incident by law to a corporation aggregate to furnish electric lights for lighting streets in the towns of Nobleboro, Newcastle, and Damariscotta, and to dispose of electric light and power to individuals and corporations therein, all which liberties, privileges, and franchises the said company during said time hath usurped and still doth usurp from said state, to its great damage and injury.
"Wherefore the said Attorney General prays the advice of the court in this behalf in the premises, and that due process of law may be awarded against the said Twin Village Water Company in this behalf, to answer to this court by what warrant it claims to use and exercise the powers, privileges, and franchises aforesaid.
"Dated this twenty-ninth day of October, in the year of our Lord one thousand nine hundred and two. Geo. M. Seiders,
"Attorney General for the State of Maine."
