Legal Opinion · Dissent

Reynolds v. City of Waterville

Supreme Judicial Court of Maine

Decided December 26, 1898Published

On Report. Bill in equity, heard on bill, answers and proof. The bill was brought by the plaintiffs, being twelve taxable inhabitants of the city of Waterville, against the City, the City Hall Commission, created by special laws of 1897, c. 523, and M. C. Foster &Son, who were alleged to have contracted with .the City Hall Commission for the erection of a city building in the city of Waterville.

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On Report. Bill in equity, heard on bill, answers and proof. The bill was brought by the plaintiffs, being twelve taxable inhabitants of the city of Waterville, against the City, the City Hall Commission, created by special laws of 1897, c. 523, and M. C. Foster &Son, who were alleged to have contracted with .the City Hall Commission for the erection of a city building in the city of Waterville. The act of the Legislature which came under consideration by the court in this case provides, among other things, (Sect. 1) that the mayor of Waterville for the time being, and four other persons…

1Dissent

Dissenting Opinion.

Savage, J.

I am unable to concur in the opinion of the court. And the importance of the decision, as affecting municipal development in this state both now and hereafter, seems to justify me in placing on record the reasons which govern my dissent.

The situation may be fairly summarized as follows: The inhabitants of the city of Waterville desired the present use of a city hall building, which by reason of the constitutional debt limit they were unable to build by borrowing money therefor. The city, being indebted already beyond its debt limit, could not incur any debt for…

2Cases cited47 opinions

  1. Meriwether v. GarrettSupreme Court of the United States · 1880
  2. Lake County v. RollinsSupreme Court of the United States · 1889
  3. The People v. . Simeon DraperNew York Court of Appeals · 1857
  4. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  5. Grant v. City of DavenportSupreme Court of Iowa · 1873

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