The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-02-22

Monday Morning, February %. 1859.
A STATEMENT OF THE CASE
PORTLAND.

The Somerset Railroad was ebartarad h.. A :.
approved March 18th, 1860, Chapter 4s5 with
the right 10 construct and maintain a ra;,road
from some point in the county of Somerset. az
or near CdrTatunk Fails, or either side of the
Aenneoec r1uer; thence dolon the ualIey of the
Kenne6ec ri0er through either of the toacns ad
jacent to said river, passing through the vilaqes
In the toacras Of Arson and Norridgeuock, and
through Fairfield to the to,cn Of Wateruiae in
the County Of Kennebec, aoith the right to con-
meet Nth the Androscoggin and Kennebec or
Somerset and Kennebec Railroad in the topn of
| WoterciHe," the line to be surveyed and the
location filed on or before January 1, 1866
BY Act of February 10. 1856, Chapter Sc,
the provisions of the act establishing the said
Company were revived, renewed and extend
ed, so that said said Company may avail them
selves of said act; provided the said corporation
shall have been organized, and the location
according to actual survey filed, as stipulated
in said act, on or before the first of March, in
in the year 1870, aud said road completed to
Anson village on or before the first day of
March in the year eighteen hundred and sew.
ty-two.
BY Act approved February 10, 1868. Chap
ter 644, the act of 1866 was so amended as to
require the road to be completed to Carratunk
Falls on or before the first day of March, 1872,
and said corporation was authorized tn lease
its road to any other railroad company in this
State, and such corporation taking such lease
was authorized aud allowed to subscribe to
the stock of the Somerset Railroad Company.
An Act approved March 9th, 1868, Chapter
622, certain towns were authorized to sub
scribe to the stock of the Somerset Railroad,
ar for extending the Somerset and Kennebec
Railroad in such manner as they shall deem
proper, and make contracts with the Somerset
haiiroad, by two thirds vote of each town.
In pursuance of the authority thus granted
the Somerset road was duly organized Aug.
II, 1868; the road put under contract from the
line OF the Maine Central Railroad at West
Waterville to Carratunk Falls, the location of
the line fled according to law and the work
put IN progress on the different sections. The
first section extending from West Waterville
to Norriigswock l13 miles; the second
from Norridgewock to North Anson village,
~ Ia miles; the third from North Anson vii
lege to Solon, IL miles. Making a total Of
50 miles. From the junction of the somer-
set road at West Waterville with the Maine
Central Railroad, the distance to Portland is
7e IL miles. The total distance frop Cara
tunk Falls to Portland by this rou'e through
the villages of North Anson ard Norridge-
wock being 11014 miles at the session of
the Legislature OF 1858 bill Sas presented by
the Somerset and Kennebec Railroad Com
pany, asking authority to extend its line "on
the most direct and practcable route instead of
the line indicated in tie original charter" the
passage of which WIS refused.
A petition of similar character, asking a
grant for authority to extend the Somerset and
Kennebec ,ailroad by the most practicable
route from Skowbegan to Carfatun Falls, and
bevond. was presented to the Legislature of
1869, which application is resisted by the Som
ersst Railroad Company. There were also re-
monstrances from individuals and stockhold-
ers on the lie of the Somerst road from
Bingham, Scion and Madison on the east
side of the Kennebec river, and from the towns
of Norridgewock, Anson, Embden, Concord
and New Portland, on the west side of the
river.
Petitions were also presented for new char
ter from Skowhegan to Carratunk Falls from
the towns Of Madison, Solon, Moscow, Con-
cord, Bingham and the plantations above. The
hearing was set down for Feb. 8, 1859. The re-
monstrants contending that the renewal of the
Somerset & Kennebeo charter, or the grant of
new charter for a line from Skowhegan to
Carratunk Falls would be an invasion OF their
| rights as secured by the charter OF 1860-that
two lines were not required by the business of
Somerset county, y,-and that the grant OF par
| oil 1lo1 oh T.
retard, if not defeat, the building OF the line of
the Somerset railroad from Carratunk Falls to
the line OF the Maine Central Railroad at Wa
terville. The remonstrants put into the case
| the act incorporating the Somerset and Ken
nebec Railroad Company. approved August 10
| 1848 chapter 1876, which authorized the build
| ing Of a line of railroad "from some point in
the county of Somerset at or near Carratunk
Falls, thence down the valley of tine Kennebec
river through either of the towns adjacent 10
said river, passing through the villages in the
towns OF North Anson, Norrdgewock, n Bloom
| field or Skowhegan, and Kendall's Mills in
Fairfield, to the town OF Watervile near the
Ticonic falls in the county o.. .Kennebec, with
the right to connect with the Androscoggili
and Kennebec Railroad at Waterville, and the
light to connect with the Penobscot and Ken
nebec, or the Belfast and Watervlle railroad
at some convenient point in the town of Sc
basticook or Clinton, and with the right to ex-
tend their said railroad on either side of the
Kennebec river, and to connect the same with
the Kennebec and Portland railroad at some
! point in Augusta north of the Kennebec
bridge, if the Penobscot and Kennebec Rail-
road Company shall not locate and make their
railroad to Augusta within the times limited in
their charter for so doing"
By the charter of the Penobscot & Kenne.
bee Railroad, approved April 7, 1s45, chapter
2S5, said corporation was authorized to con-
struct a railroad "fiom some point between the
south line of Gardiner and the north line Of
waterville, and from that point to the city of
Bangor, said railroad to be located and con-
structed in the general direction of Bangor"
on such route as the Directors shall determine
The Penobscot and Kennebec Railroad Com
pany having located their line from waterville
to Bangor by the way of Kendall's Mills and
Newport, the Legislature of Maine, by act APP
proved February 8. 1858, chapter 5, authorized
the Somerset and Ksnnebec Railroad Compa-
ny ito extend their said railroad on either side
! OF the Kennebec river, and to connect the same
with the KenneDeo and Portland Railroad at
some point in Augusta north of the Kernebec
bridge" and the Somerset and Kennebec rail-
road was extended from Augusta to Skowhe-
gan IN the latter part of 1856
The original charter of the Somerset and
Kennebec railioad was to become void. unless
the location was filed on or before the S0th of
December, 1852, and completed to North An
son on or before the 3lst of December, 1858.
| The Somerset & Kennebec Railroad Com
pany came to the Legislature in 1852, and OBJ
tanned an act approved March 8, 1852, chapter
$50, relieving them of their obligation to build
from Skowhegan to North Anson or Cara
tunk Falls, which act is In the words and fig.
ures following, to wit:
CHAPTER 555-An act to alter the charter
| for the Somerset and Kennebec Railroad by
extending the time Tor locating.and making the
| same.
Be it enacted by the Senate and House OF
Representatives in Legislature assembled, al
follows:
If the Somerset and Kennebec Railroad
Company shall not have been organized, and q
location from its southern terminus to Bloom
held or Skowhegan duly made and filed with
the county commissioners of the counties
through which it may pass, on or before the
thirty first day Of December, in the year one
thousand eight hundred and ftty-four or II the
said company shall not construct aud com-
plete said portion of their road on or DeIore
the thirty-first day of December, IN the year
one thousand eight hundred aud sixty-two,