The Republican journal. [volume] (Belfast, Me.) 1829-current, 1870-11-24
THE RAILROAD HEARING BEFORE THE
STATE COMMISSIONERS.

On Thursday last the Railroad Commits
sionere Of the State met at Burnham, accord
ing to appointment, and proceeded to view
the Belfast & Moosehead Railroad, and to
hear the arguments for and against its &C
ceptancc by the Maine Central, under its
contract, made in June, 1869 BY the terms
of that contract the Commissioners were
made arbiters in case Of differences The
Belfast Road was represented by several OF
the Directors and by Messrs. A. G. Jewett
and VIM. G. Marshall, as counsel. The Cen
trail road was represented by three or four
Directors, and by g. p Sewall, Esq. counsel
Before proceeding to view the road, Mr..
SeWall objected to the sitting of Col. Wildes
upon the Commission for the reason that he
was Chief Engineer OF the road to be passed
upon.
Mr.. ,Jewett said that Col Wildes was both
Chief Engineer and Railroad Commissioner
at the time he was made referee, and the con-
tract entered into The contract between the
Belfast road and its builders, Wilson, Ten
nant & Co. made him the arbiter between the
parties, and the Maine Central by its subse,
quent agreement approved of him in that
position, and agreed to abide by his iudg-
ment as to the road. He should have the
more consideration from so much being con-
fided to his discretion Twenty miles of the
road was not located Or surveyed when the
Maine Central contract was made, and they
made him their agent and umpire to do it
Mr.. Sewall said he did not assume that the
Board had the power to exclude Col. Wilde5.
In delicacy he should withdraw There is
no objection to the other two. If Col. Wildes
acts the legal consequences must come here
after
| Mr.. Marshal remarked that it would not
be legal to act by two Commissioners.
They must all act forthe decision to be valid,
and it is so decided by eminent counsel
Mr.. Blake, one of the Commissioners, said
it is clear that we have no power to exclude
Col. Wildes. 1t is a question to be decided
by himself. If he sits, we shall consult with
him as an associte-but if he does not, we
shall only examine him as witness.
that objection would be made to his sitting
in the case, and in consequence he had re-
Elected upon his position and duties. The
conclusion at which he had arrived was that
these contracts with important trusts, and &C
cepted them, he could not, as Il conscientious
man. divest himself of any of them, at this
juncture. He had a duty to perform here,
posed to allow his associates to Judge for
themselves of the road, without endeavorin@
to influence them. He should be upon the
road, as was his luty, and should consider
himself a member of the Board
Mr.. Blale-Shal we understand before
proceeding, the nature of the objections to the
road
Mr.. Sewall-We claim that it is not COM
pleted as it should be. We object 10 the
sleepers, the gravel, the width Of embank-
ments, &C.
The Commissioners. accompanied by the repre-
sentatives of the two roads, then started over the
track on foot They completed the examination as
far Unity the first day. The representatives of
the Central road then withdrew except Mr.. Sewall
who continued through the whole examination or-
cupyng the remainder of the week. Mr. Corser
was very perseverng, and made record of every
sleeper on the roa,.
The hearing was1ixed for Monday afternoon, but
owing to the detention of the steamer Cambridge,
Hon. S. II. Blake, was detained until nearly six
O'Clock, and the Commissioners were unable to
commence the hearing until ! O'clock p. M. Mr.
Blake said that the Commissioners have had to-da7
a notice served Upon them by the Maine Central
Co. Of which the following is 4 copy
KNOW ALL MEN BY THESE PRESENTS. That the
Maine Central Railroad Company corporation created
by claw, hereby revotes the submission to the Rail.
road Commissioners OF the State, provided for in the
ninth article of the contract between said corporation and
the Belfast and Mogehead Lake Railroad Company
dated the tenth day of June, A. D. 1869. And ali
powers of said Comm ssOners arbfrators referees
under said article of id contract which reference
| hereby made, are hereby revoked.
| In witness whereof said Maine Central Company has
caused its seal to be hcreunto Affixed and this instr-
ment to be executed IN its behalf by Josiah Ii. Drum
mond, its Clerk this 9TH day of November, A. D. 1870
JOSIAH H. DRUMMoND,
| Clerk Me. Central Railroad Co.
| Mr.. Blake said the question now is, can the case
proceed. After consultation with his associates,
they had arrived at the conclusion that the Maine
Central company could not dvest the commission of
its power to proceed and that therefore, unless
their views should undergo change, they would
hear and determine the questions at issue.
! Mr.. Jewett, appearing for the Belfast. road, said
! there was no appearance for the Maine Central
| road, and he was 1t loss what to do in a case
| without an adversely IT was the purpose to in
| troduce some testimony, but in the absence Of the
| Central representatives we may not DO it, Some
formal papers will bcsubmiteu, and that is all we
shall do, unless the Board would like to hear our
construction of the contract. Two of the Board
| are thorough enginee's and the other member has
| long experience i'll the examination of roads and
we rely upon their experience and intelligence in
| this case.
We put into the the contract as it is also no.
tice to the Maine Central of the completion of our
road and its Response. We also put the road into
the case If the contract with the Maine Central
is to be defined, Mr. 1agshall will do it, and will
add some remarks.
| Axel Hayford President of the road, being
sworn testified as follows: Had dispatch from
Mr.. Noyes the last day of October or the first of
November, saying the directors of the Maine Cen
trail would be over with special train, asking if the
road would be clear. | replied three engines and
trains the road, will have the track clear at four
O'Clock on the first, and meet them at Burnham.
| Met them at Unity Pond there We're Judge Rice.
Gov. Coburn, Lockwood, Patten. Dunn, and
others. After inspection they invited us into their
train and all came TO Belfast Next day they
went back to Burnham in one hour and fifteen
minutes, understand
The letter rejecting the road, and notice to the
railroad commissioners to make an examination
were then put in.
Mr.. Marshall then addressed the board upon the
| legal construction of the contract. He said two
| questions present themselves at the outset-lst,
What is at issue? and second What are the duties
and powers of the Commissioners? They are de-
any differences in relation to building the road
oil ha fo Tho