The Portland daily press., 1873-03-22

Yesterday afternoon the counsel for the
Maine Central filed the following motion for
hearing with the Clerk of Courts. 1t is thought
the hearing will take place week from Mon
day:
And now said respondents come and move
| that the temporary injunction heretofore
granted in this case be dissolved, for the rea-
sons following: 5fef ~ -o"'
lst. The recent sitting of Court of EQUITY
had no jurisdiction in the premises. -
"a. Section twenty-four of cbanter f;ftv-or.
Oh tne REVISED Statutes does not give the COM
plalnants any right to relief in the Court in this
case, as alleged in their BILL -
od Iney deny that the complaina nts trains
are due to arrive at the place of crossing named
in the bill at the same hour that the respon-
aents trains, or any of them are due to arrive
tnere as alleged in the bill; and they allege
| That four OF the respondents said trains are
due to arrive at their station in Portland before
the corresponding trains of the complainants
| are due to arrive at said place of crossing.
4th The place of exchange proposed BY the
/ compliments is not a suitable and convenient
| place for such purpose. 1t would incommode
the public travel by stopping and unreasonably
delaying the trains of the respondents, greatly
| to the detriment of all the passengers not des-
| tined for the complainants road. 1t would ex-
pose the trains to great danger to collision from
the large and increasing number that have oc-
cason to be upon the road at that point at
about the same time 1t would also expose the
trains to be run into by those of another rail-
road that crosses that of the respondents in
that vicinity. The grade of the road at that
point is so high as to reader it an unsuitable
and inconvenient place for railroad depot, 1t
is impracticable to transfer the passengers and
freights of the two railroads at that place and
10 De compelled to do SO will practically pre-
vent the defendants operating their road by
blocking it al that point with trains waiting to
transfer freight. 3e--,5 -
9th. The place proposed by the compliments
tor transfer depot is within the city of Port
land. only short distance from the termini,
and depots already established, OF all the roads
interested, less than three hundred rods from
the depot of the Maine Central Railroad where
the exchange of passengers has heretofore been
made, and but a few rods further from the de-
pot OF the Portland, Saco and Portsmouth Rail-
road, the use of which for such exchange the
Maine Central Railroad Company has Obtained.
9th. The respondents have designated suita-
pie and convenient places for transfer of both
freight and passengers. They have designated
for the transfer of freight their own freight
depot and grounds, where at the time of Che
filing OF the bill they were. and for long time
before had been, transferring to and from the
compliments railroad all freight so destined
promptly, and to the convenience of all inter-
ested, the compliments having refused to way
bill freight for the respondents road further
than Portland The respondents designatedfo for
the transfer OF passengers their own depot in
Portland where the transfer has heretofore been
"detc anu diso Iue uepOG OF CDe fOrGianu, OacO
and Portsmouth Railroad in Portland, in close
proximity to the depot established by complain
ants and offered every reasonable facility for
making such exchange, which latter is the same
place where the transfer of passengers between
the Grand Trunk Railroad and the complain
ants road is made. I4sh LEO ~ lt-.la
18th. Before the filing of the bill in this case
upon application of the COMPLIMENTS the
respondents appointed committee to meet a
committee of the compliments to agree upon
a suitable and convenient place for the transfer
of passengers and freight: the compliments
designated the point of crossing and its vicini.
ty as the only place which they would agree to
fix as the place of transfer, which place the
respondents judged unsuitable and inconyen-
lent, and proposed other places which were suit
abe and convenient, but the parties were utter
~ anable to agree upon any place of transfer;
and the parties having thus failed to agree the
law designates the Railroad Commissioners as
the tribunal to determine all questions of fact
between the parties, and the Boston & Maine
Railroad being the party seeking the connection
should be required to apply to that tribunal,
and the respondents have repeatedly offered
and are now ready to give all facilities for OBJ
tanning speedy decision of the tribunal hav-
ing jurisdiction in the premises,