Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-06-14

railroad commissioners respecting the 10
cation of the Cape Elizabeth Street Rail
way Company is the first under the new
law and is of much interest:
State of Maine. !
In Board Of 1tailroad Commissioners, !
Augusta, Maine.
Upon the foregoing petition, the board
of railroad commissioners, met at the tim,
aud place designated in the order of no
tice Endorsed thereon, and it then and
there appearing that the notice had been
given as ordered, gave hearing to all
persons and parties who appeared and de-
sired to be heard relative to the same.
Clarence Hale, Esq of Portland appeared
rs attorney for the petitioner.
Objections to tho approval of the location
named in said petition were urged by sew
eral parties. First, the Boston & Maine
Railroad Company, by its attorney, Hon.
J. W. Symonds, objected to the location
ON account of a proposed grade crossing of
the Boston Il Maine Railroad at Pleasant
dale. The county commissioners ap-
peared by Charles A. True, Esq, county
attorney, and objected to tho proposed
location on account of certain matters
connected with the crossing of Portland
bridge, SO called, which is county high
way. And also because the location, as
JAILED for was in and through certain
county roads in the town of South Port
land.
Some of the citizens of Cape Elizabeth
and South Portland, by their attorneys,
D,l,;, NJ IN
H. Hartford objected to the proposed
location because of proposed double
cracks, 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
yanized under charter obtained from
he Legislature of 1885, gave the last
named company the right to lay its tracks
trough 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
lamed company filed with the board, a
;opy of vote of the stockholders of said
company. formally releasing any right
which said company might have by virtue
If its charter, In and to the location in
any of the streets or ways in South Port
land, covered by this proposed location.
Neither did this latter objection come
from any citizen of South Portland On
he contrary, the municipal officers Of
south Portland appeared by Stephen C.
Ferry, attorney, and advocated the loca
ton 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 repres enting the
everal interests. q,
In relation to the proposed crossing of
The Boston g. Maine Railroad tracks above
'eferred to, the statute provides, that in
,ase of one railroad company of any kind,
whose tracks are to be constructed across
he tracks of any railroad already built,
,uch crossing shall be made. constructed
md maintained in such manner ami IN
Ter such conditions as shall be ordered by
The board of railroad commissioners,
ipon proper petition therefor" And for
his reason, we do not think this proposed
ing to approve this location.
The objection ON the part of the county
GEMS to relate almost wholly to the cross
ng Of Portland bridge. As the proposed
route and location under this petition
ioes not cross Portland bridge, we do
lot feel called upon to give that matter
,ur consideration The further objection
~ the part of the county, to the location
10 the county ways in South Portland,
will be covered by another part of our de-
-ision.
The first objection which we deem it our
iuty to consider is, whether the board of
railroad commissioners has authority TO
authorize the location in the same streets
over which the Legislature has given q
prior right, by the charter of the Portland
4 Cape Elizabeth Railway, approved
March Sth, 1895, and which took effect
when approved.
The president and directors of said
Portland and Cape Elizabeth Railway
Company have accepted its charter and
fled its certificate in conformity to the
provisions Of chapter lao, L. l.. Of 1891 in
he Office Of the secretary of State, on May
7th, 1895. The revised statutes provide
that "acts of incorporation shall be re
,arded as public acts. (" And we must
therefore take notice of them without
proof of their existence. Section Is of
that charter, so far as applicable to this
proceeding, reads as follows: mo other
corporation or person shall be permitted
to construct or maintain any railway for
similar purposes, over the same streets,
roads or ways that may be lawfully occu-
pied by this corporation.
BY section one of the said charter, the
said Portland and Cape Elizabeth Railway
Company is authorized to construct,
maintain and operate by electricity or ami
NAL power, a street railway in and
through the said town of Cape Elizabeth,
upon such streets, roads and highways 10
said town as may from time to time be
fixed and determined by the municipal
officers Of said town, and assented to in
writing by said Portland and Cape Eliza
beth Railway Company" By an act OF
the Legislature of 1926, that portion Of
Cape Elizabeth In which the prof os d
location is, was set off from the town Of
Cape Elizabeth, and has become the town
of South Portland. And az we have said
the said Portland and Cape Elizabeth
Railway Company has filed with rs its