The Portland daily press., 1888-08-06
THE POSTAL COMpANYS WIRES.
Why the RalIr Dad Commissioners
Granted the Petition
For a Location on the European and
North American.
Review OF the Case as Presented by
the contendIng Parties.

RocKLAND, Aug. 4.-The following Is the
decision and award Of the Railroad Commits
sioners, in the case Of the petition of the
Postal Telegraph Company TO construct and
maintain its line along the European and
North American Railway. The new line.
1t will be remembered. is to furnish con-
Meeting line between New York and Halifax
In the overland system Of connection be-
tween New York and the western terminus
Of the Maekay- Bennett cable lines.
DECISION AND AWARD OF THE BOARD.
This petition Is founded upon the proyis-
ions Of section 10 Of chapter 3TS of the public
laws Of 1885, which Is as follows:
Section 13.-such company, person or associa-
ton may construct line upon or along any rail-
road by the written permit Of the person or corp
Grafton operating such railroad, but In case such
such railroad as TO constructing lines along the
same, or as TO tine manner IN which lines may be
either party may apply % the railroad commla
soners, Who after notice TO those Interested.
shall hear ead determine the matter and make
| their award In relation thereto. which shall be
binding upon the parties The expenses Of the
hearing I shall be paid by the company, person Or
railroad, except that II the railroad commissioners
shall find that parties operating the railroad
have unreaSonably refused their consent, said
parties shall pay the expenses.
1t appeared from evidence introduced by
the petitioners, that application had been
made by the petitioners TO the Maine Central
Railroad Company for permission In writing
TO construct line OF telegraph upon and
along the European and North American
branch of the Maine Central Railroad from
Mattawamkeag 70 Vanceboro, and that the
Maine Central Railroad Company had re-
fused such permission, and that the petit
TONERS and the Maine Central Railroad
49, Na.E
tion OF said telegraph line along said railroad
between the points above mentioned. 1t also
appeared from evidence on the part Of the
petitioners that they are corporation legal
ly organized; that by an arrangement with
the Canadian Pacific railway company they
have established their lines Of telegraph up
on and along the line Of said railroad, and
that the same Is now being constructed across
the State on the line Of said railroad, ar the
International railroad, sO-ealled, 10 Malta
wamkeag; that by an arrangement with the
New Brunswick Railway Company and 9TH
erwise, said line Of telegraph Is now being
established through New Brunswick and
Nova Scotia from Xanceb0ro 10 Halifax;
that by contract entered into between the
Atlantic 4 Northwest Railway Company and
the Maine Central Railroad Company. the
trains Of said Canadian Pacific Railway are
to run over the portion Of the Maine Central
Railroad above mentioned. BY reason Of
the above recited facts lcOunsel for the pc
titioners claimed that the prayer Of the petit
tioners should be granted TO enable them TO
successfully do the necessary business Of
said Canadian Railway Company, and for
other purposes.
The Maine Central Railroad Company, by
its counsel, cOntended that neither public
nor private exigeneies required that another
line Of telegraph should be permitted upon
the line OF railroad named, that sufficient
facilities for running the trains OF the Cana
dian Pacific road could and would be fur
nished by the line Of telegraph now estab-
lished on the line Of railroad above mem
toned; that for commercial purposes, or for
the ordinary business OF said Canadian Pa
cifc Railroad, a hB9-6f Telegram I'd be
| established outside the limits Of Tue Maine
| Central Railroads location, and that by per-
/ mitting an additional set Of telegraph poles
and wffes along and within the limits Of said
| railroad, would greatly endanger the travel
| ling public, by reason Of additional obstruc-
| tions to the vision Of locomotive engineers;
| increased liability of poles with numerous
| wires TO fall and oBstruct the track, etc.
These, with many other reasons, were siren
| uOusly urged by counsel as reasons why the
prayer Of the petitioners should be denied.
4, 1t would be entirely unnecessary TO intro
dnce testlfnonyt0 prove " the Board that an
additional line OF telegraph. erected in the
| ordinary manner. would, TO certain degree,
| imperill the travelling public on this road.
| The Board Is also aware Of the danger and
Inconvenience of the same to employees Of
/ the road, but the circumstances under which
| the petitioners ask this privilege are peculiar
and entirely unlike those In the case cited by
counsel in the report Of the Massachusetts
Railroad Commissioners Tor the year 1885.
In the case before the Board, the petitioners
do not ask for an unlimited right to establish
their lines OF telegraph on railroads Of this
State, or on those Of the Maine Central Rail-
road, except in the particular locality men,
toned. As before stated. the Canadian Pa
cihc Company or corporations under Its con-
troll, have. as appears by contract, acquired
right to ithe use Of this portion Of the
Maine Central Railroad for a term Of, at
least, twenty years. The Canada Pacific
Company, by an arrangement already
made, are to use the petitioners
telegraph on other portions Of its railroad.
While they do not ask, or expect, TO use this
line of telegraph for the purpose Of moving
trains on the portion Of railroad mentioned,
they claim that they should be afforded a
continuous line, and upon all roads over
which the Canadian Pacific trains are moved.
This board. in view Of all the circumstances
surrounding this case, believes the request Of
the petitioners is reasonable. and while, for
reasons stated, would not favor adverse pos
| session Of railroad tracks or locations, by an
| indefinite or unlimited number Of telegraph
companies, OF perhaps, additional lines un-
der ordinary circumstances, they feel that
they are warranted in granting the prayer OF
| the petitioners In this case. The Board.
therefore, determines and awards that the
Postal Telegraph Company may enter upon
and construct a line OF telegraph In the Ordi-
nary manner, upon, along and within the To-
cation Of the European x North American
branch of the Maine Central Railroad from
Mattawamkeag 10 VanceborO, subject TO
such reasonable limitations and restrictions
as to the location as the Maine Cential Rail-
road Company may Impose.
In witness whereof, we have hereunto set
our hands this first day Of August, A. d.,
1888. Signed by the Commissioners