The Portland daily press., 1884-02-08

The franklin and Somerset.

The following is the full text of the railroad
commissioners decision, refusing to grant con-
sent to the construction of the road:
"The statutes of this State provide that eff
the board OF railroad commissioners, after
hearing the petition, shall approve the pro-
posed location and find that public conven-
fence requires the construction of such road
the corporation may pre- eed with the con-
struction of their road 1t has been long
held, that railroads for conveyance of persons
and property are public use, for which pri-
vate property may be taken and that the right
of the few must be subservient to that of the
many. Heretofore the legislature has been
entrusted with the power TO determine when
the right of eminent domain should be exer-
cised for such purposes. Whether or not the
legislature had 10 power to delegate this aus
thority upon board of those persons, and II
they had, whether or not it was wise to do SO
is not for US to determine But in exercising
that authority, which has sbeen conferred up-
on us we cannot but feel that we should do SO
with great care and caution, and that We
should be fully satisfied, before we confer the
power to railroad corporations to take private
property Tor The use OF a railroad, that the
public convenience and exigencies require it
to De done. The public, in every town in the
State would undoubtedly be better accommo-
dated by having railroad run through the
town, but that simple fact is not sufficient
to warrant the expenditure of large sums Of
money, such as would be necessary to con-
struct railroad, unless the pub lie demand
was such as to warrant it; that is, that the
amount of travel over the contemplated road
and the amount of freight to be transported
was or would be of such magnitude as would
reasonably make such road necessity. With
these principles in view, would the road under
consideration be of such character? Would
the amount of travel and freight TO be trans.
ported over the contemplated road, be sufic
lent to warrant the expenditure of Sl56 O00
even il the road should be constructed for
that sum? This road is laid out throuoh
the towns OF New Vineyard and New Portland
The total valuation of the towns is now $3.50
III. The number OF polls 61z. With his
amount Of wealth and mum ber of polls in these
two towns, does the nublic convenience 70.
quire the expenditure of the above mentioned
sum of $l56,00 when the wealth of both towns
on the line of the road, is only S669, III and
population that cannot much exceed 3000 It
may DO said that the road would not depend
wholly upon the wealth or population of these
two towns for its support. That is true. INIT
neither can it expect support from ali the
population and wealth of these towns Mnch
OF such wealth would contribute nothing r. a
railroad. Neither can it expect reasonable
much support outside of the towns ma ned.
The route is in the general direction Of q
STANDARD gauge railroad now existing ana its
terminus within six or eight miles of said road
Therefore, it will be seen that it is not intend.
ed to open new country to railroad facilities
but to compete with another railroad. to a Ger.
tsln extent, and would more or less be OBLIGED