The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-11-26


The ~. IL VI. T.. nnd the Maine CeasYnI
Railroad Companies.
The Railroad Commissioners, Wednesday.
at Belfast, in relation to the Belfast & Moose
head Lake Railroad Company, and tie Maine
Central Railroad Company, rendered the fol-
lowing
DECISION.
III the matter arising out of the Contact for
lease," entered into between the Belfast
Moosehead Lake Railroad Company and
.L 1naii ma,he central Railroad Company, on
the lOth oil 'JuGe, A. ID. 1SG9:-
Upon the application OF said Belfast and
Moosehead Lake Railroad COMPANY TO MS.
under the 9th article OF said contract, to de-
eide difference alleged to have arisen be-
tween said parties in relation to the building
the road-that is the subiect-matter of said
contract-and after due notice to both par.
ties, and their appearance by counsel and di-
rectOrs, at Burnham, on the 18th instant, we
proceeded in company with said directors and
counsel, to personally inspect and examine
said road from its connection with the Maine
Central at Burnham to Belfast. And after
having viewed the same sol far as was neces
sary to the understanding its true condition,
we appointed Monday, the 21st November,
instant, at o'clock p. NJ, at Belfast, as the
time and place for a further hearing OF the
parties, and notified the parties thereof and
adjourned thereto. At which time and place
we met at the Court House in said Belfast,
and heard evidence under oath Gin relation
to the building the road," and the said mat
ter in difference between said parties.
And now after view of the road, and due
consideration of the suggestions OF counsel on
both sides, and of directors made when TO-
gether, in the progress OF our view of it, and
after mature consideration of the contract
aforesaid between the parties, we have come
to determination of the questions in differ
ence between them, touching theI cons'ruc-
ton of said road, that have been presented TO
us, and this is our opinion and decision in the
premises:
This said railroad from Belfast 10 the Maine
Central road at Burnham was built and ready
for the rolling stock ON the 1st day of Novem-
ber, A. ID. 1870, as required by the Contract
for Lease" of said road, entered into by the
Belfast & Moosehead Lake Railroad Company
and the Maine Central Railroad Company,on
the 10th of June, 1869, and in the manner as
so required for the reception of its rolling
stock.
That said railroad from Belfast to the
Maine Central road at Burnham, in its organ
ic construction and in its general character,
was on the first day cf November aforesaid
and is now "frst class railroad,.' and such
as is called for by the contract aforesaid be-
/
spects we think cit fails to come up to the re-
quisition of said Contract for a lease" as
completed road. 1t lis so far finished and
agreeably to the contract as to be ready for
the rolling stock, and in fit condition Ito be
operated Herewith for passengers and traffic
during the coming winter and spring without
further work upon 1.-THE ordinary repair by
section-men and the extraordinary casualties
incident to ali roads, excepted.
That by the said contract for lease" the
party of the first part thereto has day of
grace beyond the first day of Nov. 1870, in
which to bring the road up to the require
ments of the contract in these respects of mi
nor importance and which do not impair the
safe and efficient working of the road, and
that it is their right and duty to do so as early
as practicable. Bnt having reference to the
season of the year, we think and so decide,
that if done by July 1st, 1871, it will be with
in a reasonable time, and in our opinion it
may be done without interference to the OPP
Grating the road by lessees.
A. w. WILDEs,
S. III. BLAKE,
S. L. CoRsER,
Railroad Commissioners of Name.
Made in duplicate at Belfast, this 23d Nov,
1870.