The Portland daily press., 1895-06-14
State of Maine.

matter as follows:
State of Maine.
In Board of Railroad Commissioners,
Augusta, Maine.
Upon the foregoing petition, the Board
of Railroad Commissioners met at the
time and place designated in the order of
notice indorsed thereon, and it then and
there appearing that the notice had been
given as ordered, gave a hearing to all
persons and parties who appeared and
desired to be heard relative to the same
Clarence Hale, ESQ.,, of Portland, ap-
peared as attorney for the petitioner
Objections to the approval of the loca-
tion named in said petition were urged
by several parties. First, the Boston and
Maine Railroad company, by its attorney,
Hon. ]. W. Symonds, objected to the
location on account of proposed crossing
of the Boston and Maine railroad at
Pleasantdale. The county commissioners
appeared by Charles A. True, Esq,
county attorney, and objected to the pro-
matters connected with the crossing of
Portland bridge, so-called, which is a
county highway. And also because the
location, as called for, was in and
through certain county roads in the town
of South Portland.
Some of the citizens of Cape Elizabeth
and South Portland, by their attorneys,
Z. w. RODlnSou, w. M bradley ana Il.
H. Hartford objected to the proposed
location because of proposed double
tracks, which, it was urged, would i'm
pede public travel by the ordinary mode,
in all the streets covered by the proposed
location.
There was still further objection, that
the franchise of the Portland and Cape
Elizabeth Street Railway company, Or
ganized under charter obtained from
fha lot, ~ L,o 10 80
named company the right to lay it's tracks
through the same streets in Cape Eliza
beth, now South Portland, covered by the
proposed location. This latter objection,
however, did not come from the last
named company; on the contrary, the last
named company filed with the board, "a
copy of vote of the stockholders of said
company, formally releasing any right.
which said company might have by,
virtue of its charter, in and to the loca-
tion in any of the streets or ways in
South Portland, cover ed by this proposed
location. Neither did this latter objection
come from any citizen of South Portland.
On the contrary the municipal officers Of
South Portland appeared by Stephen G..
tion as prayed for in the petition
The board viewed the route by the
streets, and the proposed location in the
streets, and then heard the evidence and
the arguments Of counsel representing the
several interests.
In relation to the proposed crossing of
the Boston and Maine railroad tracks
above referred to, the statutes provides,
that lin case of one railroad company of
any kind, whose tracks are. to be con-
structed across the tracks of any railroad
already built, such crossing shall be made
constructed and maintained in such
manner and under such conditions as
shall be ordered by the board of railroad
commissioners, upon proper petition
therefor. F" And for this reason, we do not
think this proposed crossing would alone
justify us in refusing to approve this
location.
The objection on the part of the county
seems to relate almost wholly to the cross
ing of Portland bridge. AS the proposed
route and location under this petition
does not cross Portland bridge, we do not
feel called upon to give that matter our
consideration. The further objection on
the county ways in South Portland, will
be covered by another part of our de-
cision.
1.-THE first objection which we deem it
our duty to consider is, whether the
board of railroad commissioners has
authority to auth orize the location in the
same streets over which the legislature
has given prior right, by the charter of
the Portland and Cape Elizabeth railway,
approved March 6th, 1895, and which took
effect when approved.
= The president and directors of said
Portland and Cape Elizabeth Railway
company, have accepted it's charter, and
filed it's certificate in conformity to the
provisions of chapter 14O, Public Laws of
1891, in the office of the secretary of state,
ON May 7th, 1895. The Revised Statutes