Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-11-21
CONSULTATIONS.

tg4t0tLl AI~''
The opinion of Judge Barrows % the mo-
ton for an injunction against the Maine Cen
trail Railroad, presents q thorough exanina-
ten and discussion of all the questions inyol-
we'd in the case, and gives decided and en-
phatic denial to the prayer of the petition
ers. After reciting the substance of the COM
plant and allegations and prayer of the petit
toner's, the Judge says that in order to justify
him in interfering in the summary manner pro-
posed in the management of the affairs of the
defendant corporation, the Illegally of the
proposed acts and consequent serious injury
to the compliments ought to be made clearly
to appear This he believes has not been
done. He finds no Illegally in the election of
the present board of Directors of the Maine
Central, consequently no illegality in their
acts on that account. Beside, the waiting of
the compliments five months after the cleo
ton, and after all the open steps which said
directors have taken, make it too late to make
such complaint now. Neither does he see any
of the evils which the complainants fear will
result from the changes proposed and in pro-
cess by the directors. 'FOn the contrary"
says he, 81 incline to the belief that the road
has suffered heretofore from want of uni
formity gauge with the roads extending west;
that business has been diverted from it and
that it has failed to afford the facilities for the
people alongits line to send their commodities,
especially perishable ones, to market, which
ABILITIES, but for that, the people and the rail-
road might have enjoyed and improved to their
mutual advantage" The defendants are JUS
tilted in extending their road from Danville
Junction by the laws of 1867, chap. 254.
Neither is there any breech Of contract for
this reason with the Grand Trunk Company,
as the only such contract shown contains a
provision for its termination upon six months
notice, which is about expiring. Nor because
a change of gauge might affect other existing
contracts with other railroads in the eastern
Part of the State, as alleged, is Intervention
justifable. The right of a railroad corpora
ton to manage and control its property and
business connections, and among other things
to determine and change its gauge was dis
tinetly recognized by the court in the case of
the Androscoggn Kennebec Railroad Com
pany vs.. Androscoggin Railroad Company 80
Maine 439.
Upon the complaint that Consolidation will
create a monopoly we quote the remarks of
Judge Barrows in full, because this is a mat
ter much harped upon. He says
The bill further charges the individual de-
PENDANTS with combining to control these two
leading aud competing lines of railroad, ana in
effect to create monopoly vested in themselves
and with power to impose at pleasure such bur-
dens as rates Of fare and freighis upon the bust
meas Of the people of the State as would en-
ure to their individual profit and advantage, re-
gardless Of the rights OF others. How this
course, il itwere pursued would operate to the
injury of these complainants as stockholders
in one OF the corporations which is to cOnsti-
tute the monopoly, is not readily seen; but
assuming that the compliments intervene from
the most disinterested motives of philanthro-
py and public policy, can only say that !
know of no power vested in me to prohibit the
practical consolidation of these roads unless
find it prohibited in the statutes Of the State
1t is the law-making and not the law interpret
ing power, which must furnish the means tc
protect the public against the alleged evils o.
consolidation, II such protection Is required
/ cannot base my Interference with the dis
position that this corporation and its mana
gers claim to make Of its affairs, upon tht
somewhat rhetorical statement in the bill O
evil results which | cannot presume will fol
low. / hope and believe, on the contrary
that the day will some day come, when th'
managers of these corporations viii see clear
ly that their true interests are identical will
those of the public at large along these lines
and that the greatest facilities afforded at th'
lowest rates consistent with the safe manage
ment of the business at reasonable profit
will in the long run prove 10 be the best poll
cy, even if selfshness is to control their op
erations instead of public spirit.
He then inquiries if our laws prohibit TIN
lease OF the Portland and Kennebec Railroad