The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-02-05
CAPE ELIZABETH FERRY.
Judge Haskell Appoints Committee
The Counsel for Petitioners File Ex-
ceptions.

In the Supreme Court yesterday morning,
Judge Haskell rendered decision in the
case of A. V. Cole ct ais, petitioners, appel
lants from decision of County Commission
ers refusing to lay out ferry landing and
highway in the city of Portland, oyerrullng
the motion to dismiss the appeal, and grant,
ing the motion for committee, and appoint
ed the committee.
The grounds for the decision, as stated by
the court were that by the special act OF 1873
chap. 375, the County Commissioners were
authorized and empowered to locate pub
lie highway in the city of Portland, extend
ing into tide waters, of sufficient depth with
good and substantial ferry way and landing
therein, suitable for the passage and accom-
mediation of teams and foot passengers with
the right to take private property therefor,
in like manner and effect as in locating other
highways in said county,
This act does not in terms provide for any
appeal from the decision of the Commission
ers, but gives them power to locate nigh
way in place not authorized by the general
laws of the State, but in like manner ana ell
feet as in other cases. The scope OF thls act
fairly construed, seems to authorize sucii
proceedings as the flaw allows ana requires
in the location of highways 1t enlarges inc
jurisdiction of the Commissioners, 10 DC eAer-
cised under the provisions OF the statutes OF
the State. defining their powers and dutles,and
eives all nersons the same rights, who sup
nose themselves aggrieved by decision of
the Commissioners that are secured IN the To-
cation of highways. "The statute simply
gives the power to lay out a highway over a
spot. where before they could not do it, but
in the laying out they must follow the re-
ouirements of existing laws in reference to
the laying out of ways" City of Belfast,
appellants, So Maine, 436.
The appeal therefore, is well taken and
the statute (R S., chap. is, sec. 49, requires
a committee to be appointed at this term and
not afterwards; French VS.. the County Com
missioners, GA Maine, 5S3. If the committee
should not be appointed at this term, the
case last cited holds that the omission could
not be remedied at later day. 1t therefore
becomes the duty of the court to appoint the
committee at the present term, and it also
follows that the merits of the appeal must
Dt ueClutu Ny buclll U6lOIt Illc Cduoc Cdil NC
carried to the law court, inasmuch as the
statute requires their report to be filed as
early as the second term of court next ensu-
ing, when all parties who feel themselves ag-
grieyed may carry the case to the law court
and have there final decision. If the course
should be pursued of allowing the case to go
to the law court before the committee has
heard the parties, years of delay might in
tervene before a decision of it, thereby oper-
ating as denial of justice. Such procedure
is not in accord with the spirit of our laws,
and cannot be approved. Motion to dismiss
appeal oYerruled. Motion to appoint COM
mittee granted.
Henry ingalls, Of Wiscassett, Levi Warren
Houghton of Bath, and A. R. Savage of Au-
burn, were appointed the committee; the
commission to issue; ten days notice of
hearing to be given by the committee to all
parties interested by service upon counsel of
record and public notice to be given by six
publications, the last publication to be seven
days before the day Of the hearing.
Counsel for petitioners filed exceptions to
the overruling of the motion to dismiss, and
to the granting of the motion to appoint
committee and to the appointing of the same
which were allowed.