The Portland daily press., 1872-02-16
The Law Relating to the Location of
Railroads.

and shall resent IT." ees-s. rAa
-------- 5sr
m. p.,..4 .r..
lie Law heiatlhg 10 the Location OF
Railroads.
-. 5k,N esU tl.t
AN order having been introduced into the
House by the member from South Berwick
and passed. reouirino the Judiciary Comm;t.
Tee u inquire ihso the e&pedlency Oh enactng
laws compelling railroad corporations to locate
their road in conformity to the terms of their
oho,+ar . or;,., ,,os ho1d -,
n~ Voc ieiu on 1.onuay even
ing when MT. butler OF blddeford and Mr..
Baker of Augusta appeared for the motion.
.nA Mr. yeator Of Sou+l, por,,;ol, oo,,,so, G.
.,i'(' " "ion 0oui''ei iof
the Boston ana Maine railroad, IN opposition.
Mr.. Bntler said: $50 =
Man, it please the bonoroble chairman and tb;.
co,nymittee When the counsel for ~ Bes.oT'
g. Mama cornorat;on To- ,naoL nnanrod hos"ra
Won at hear;np ASSIGNED ms and cIa;,na5 ~
fba ,order hafora yos,1 yos n d;roo+ .Lt . L:
cornoration and asked FOR a nostnnnanno~t -
ordsr that he n,;abt nro,o 10 bH,saps t Saela
his clients was nat Ettla snrnr;sod "s,,r
nrisad NOT at the alert v;oiIa,,ca of To co,nsoi
Int that he or thew should yoinntar;iv niaos,
themselves in the nosition of criminals b ee
your honorable bodv and heforo +ha ha-N &c ~
lie oninion. We as, no snec;al Iao;sIat;nnp on-
iv ganer.I act affact;nG eii ft,sra oI
and Equally annl;cable 70 ali Whv +baa ~
vehement onnns;tion mn tho o,t - tha 49,, us
&, Wanao II II has v;o,atod ~n Ia e ~ %on
eonformed tn the Terms Of ito cborter e ~ haS
not been DRAGGING our c;tzans ta al ,v;thn "t
the amthority Of law tha stotnto Ja' uiso,.
asked for cannot ha tortrrad ;,a t~
to them. And I Claim vnn~ , cons;da,a nam
that the fact that the Boston & Maine annear
here i'm opposition to this general nrov Son
lends strong color to the belief that tbev Iavs
located their road without the amtbortv IF Ia,,,
and that thew are aware of their wrong -"'
AS thew thus force us into an examination Of
their acts. Won will see how far we are co,,,-
pelled to review them. We disclaim the assar
tion of the counsel that hostility To his road in
stiGated the order. at the same time that wa
state frankly that the situation of their mislo.
cation gave rise to the order. And. pray. can
harm OF irreleyancy be tortured from the adj
mitted fact? What is the history and progress
of our laws but their growth arising from the
real or apprehended necessity as circumstances
may develop? If there is no necessity that our
motion should prevail, we trust it NAV receive
its auietus here and now. Lar Ii -
Our present statute REQUIRES that in all peti-
lions for a railroad charter the termini shall be
given and also the names of the towns throuoh
which the same NAV pass Further than this
no illusions are made to the names of towns
along the route, except that the road shall he
located substantially according to the DESCRIPTION
in the charter. Unouestiopably the nrovision
recurring the names of towns to be mentioned
in the petition was designed by the Legislature
to be equivalent to COnflQlnp grants to the lOca-
ton specified in the terms Of the charter hit
they failed to say so, except that it should be
"s1tbstantinlv located " BE and how the Courts
will decide the matter cannot be shown by any
of u.s. ,.E .aE ~ t-,
The Massachusetts Supreme Court decided in
the case of Commonwealth vs.. Fitchburo Rail
road Company that the company were not
obliged to locate their road through towns in
the order mentioned in the charter thev passino
through those towns since it did not say t'thence
-
ion. were Il based mon orr laws would he con-
elusive of the construction of the Courts mon
the location of the Boston &, Maine. since their
, act of extension saws ssthence through South
Berwick, North Berwick if necessary. Wells"
&C., and legislation would not he reonired, Rnt
unfortunately for MS that decision was made
under the Massachusetts law which savs
every charter shall confine the road With,
the limits indicated NV fine notice and ssshaii
snec;fv tho sewaroI c?t;aS cd to,vns thro,,~h
which the Same NAV nass We have No sueh
law in Maine and because VIC bave sone wa
make tho nrasant motion 'oN AoAo W.
ITO an ipterrnntion bv the counsen-T knou,
gentlemen, that the Legislature cannot exercise
judicial functions nor can thew nasS mnon the
construction of laws save m Their possa sne
tbro,;gb tba ea;sIat,,ro. hn+ ,,n;t1 p~s5aSo
the ASCERTAIN Of the indnstr;ous counsel Of as
BOSTON e. Maine that Won are not smnnosed I to
everc;sa inJ;c;o, J;scrm;nat;nn - =; a,;Jo ~
that Won aye caIIed mon 70 Jac;ds yvbatha. =,
vo,,r indictment the nresant Iaws mon o,,r stat
nta 70 ss,fic;ant for snec;f;ad n,,rnaSa =; 3D.
that Won NAV tdecida wbetbear pronosad Ia,vs
shonld mass. Because of that nav If nlaasa
tho cop;tta T asL wo, tta,,,; ~ ~ t tnr,s,
of the act for the extension of the Rnston e
Maine Railroad. and hecansa vnu are not s;t0
tine az q Court cite The circnym ms mndar
which that act was ohtained
All hut one of the numerous netitons in aid
of tbat oct ,yera fron, nv, oonn+r Inro -, 80
her and the LARGEST one from ,,,v c;tg nati-
t;nn,oJ J;r,ntI =; So $3.50, ~ 80. tiiy IVY, Po',
South Ror,n;ch .L,nct;on,, ub;,o ~ "tho om,
praved for an extension soptbaasterlw Of tba p
& Mp r. R an eyact eon;yaiant T houa oil
the ORIGINALS with me and will nroduce the,, e
the opnosne Counsel denies m p mu statamant
Furthermore. it was universally tailed Ieiievad
and understood amono the net;t;onars ond in
the legislature, that an act was wanted for an
extension of their road from South Berwick
was written as plain as the English LANGUAGE ~
need make it-that it was to be an ertensio,,
and not a reyersiop And if the Rostnn z,
Maine did not honestly intend 50 to locate their
road they obtained their chartered extension
their road Commencing at a point in Berwick
one hundaed rods from our town line, and
thence to North Berwick, vi-. =.
Mr. Pike, of the Committee-Do YOU mean to
say, Mr.. Butler, that they do not pass through
any part of the town of South Berwick?
Mr.. Butler-I mean to saw that thew not onlv
do not touch an inch of South Berwick. but that
thew begin their extension one hundred rods
from our town line, and thence continually d.
verge. going constantly from it, at the further
point being three miles from the town line. nei-
Their running thence through South Berwick"
nor Substantially near it. / mean further to
saw that they do this greatly and ruinously to
our damage, as well as in contravention of the
terms of their grant, for which and to correct
which we do not have any sure remedy at
law. nor any sufficient remedy. lF
Allow me to read that part of the act:
"* is authorized to extend its railroad
from some convenient point on its present road
in South Berwick within this State, thence
through the towns of South Berwick, North
Berwick if necessary, Wells &C. The counsel
stated at the adjourned hearing that the au-
thority for their location which ignores South
Berwick, was found in the 'act" Then it must
mean that the words eff necessary gave them
the option of passing through South Berwick or