Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-03-08
THE STREET RAILROAD.
Decision of the State Railroad
Commissioners


the Law of ISOI---BailiTs HRve Com
troll Within the village LImits---LO-
cation Refused ON Depot street.
In the matter of the petition of the Brattle-
borO Street Railroad company to the
board of railroad commissioners, under
the provisions of No. Sc, of the acts
of 1894.
This cause came before the board upon
the petition of the Brattleboro Street Rail-
road company, dated on the I'd day of Feb
ruary, A. D. 1895, and was heard at Brat
tleboro, VT, on the 22d day of February,
A. d. 1895, after due notice to the petit
toner and to the selectmen of the town of
Brattleboro. The petition may be referred
to.
The petitioner appeared by its counsel,
Waterman, Martin e Hit. The town of
Brattleboro did not appear, except that
majority of the board of selectmen were
present at the hearing and as citizens of
BrattleborO participated therein, but did
not so appear in their official capacity.
The Estey Organ company, j. j. Estey,
L. X. Fuller, Geo. w. Hooker, b. ID. Har-
ris, N. F. Cabot Francis Goodhue, O. j.
Pratt, Mrs. l.. X Fuller, William F. Rich
ardson and l.. F. Adams appeared by Has
kins e Stoddard, their attorneys, and OPP
posed the petition.
1t appeared that the petitioner was in
corporated as stated in the petition, that
$4,000 of its capital stock had been sub
scrbed, but no part thereof had yet been
called for or paid in.
1t also appeared that the petitioner had
failed to agree with the seectmen of the
town of BrattlebOro as TO the location,
manner of construction or use of the rail
road as stated in the petition.
AT the opening of the hearing counsel
for the opponents to the petition insisted
that the board had no jurisdiction under
the act of 1894 referred to, because the
permission of the selectmen of the town of
| Brattleboro had not been first obtained,
and that the board could only have iuris-
diction when disagreement arose as to
location, manner of construction, or use of
the,railroad, after permission, the seectmen
had first been obtained for building and
operating the same.
In the opinion OF the board, such is not
a fair construction of the act in question.
The commissioners believe that the charter
of the petitioner, and the act of 1894, when
construed together, authorize the petitioner
to build and operate its road in the town
tribunal TO locate the same, upon failure
of the petitioner and the proper municipal
authorities to agree with reference thereto.
Later in the hearing, the opponents
claimed that as to that portion of the route
of the prop Jsed railroad within he limits
of the incorporated village of Brattleboro,
the selectmen of the town had no jurisdic-
ton; that their permission to build and
operate the railroad therein was not nee
essary or a prerequisite, and conceded that
as TO that part of the road in the incor-
porated village, the bailiffs of the village
were the proper officers to grant such per-
mission.
The charter of the village of Brattleboro
authorizes the incorporated village, among
other things, to "direct the cleaning, re-
pairing and improvement of streets. high
ways, commons or walks, and protect the
same from injury and it appeared that
the village had enacted ordinances that to
some extent regulated the use of the
streets.
The streets of the village in common
with the other highways in the town, are
kept in repair by the town road commits
siOner, and the selectmen have sole au-
thority to lay out or discontinue highways
IN the village, and have charge of the
bridges therein over which it is proposed to
construct the railroad The petitioner con-
tended that the selectmen were the proper
authority to grant permission TO build and
operate the railroad in the limits of the
village, but to meet the contention of the
opponents introduced, nearly at the close
of the hearing, and under objection from
the opponents, the permission in writing
of the bailitfs of the village to the location
of the railroad in the village limits on the
same route as proposed in the petition pre-
sented to this board.
The only question presented to the board
for determination was as to the location of
the proposed railroad.
The commissioners, after an eXamna-
ton of the premises and hearing the par
ties, decide that as to so much of said pro-
posed railroad as is without the limits of
the incorporated village of Brattleboro, it
shall be located as described in the petition.
AS to $50 much of said road as is within
the incorporated village of BrattleborO,
the commissioners are of the opinion that
the permission of the baliffs of said vii
lage for its location therein, is an agree
ment with the proper officers as contem-
| plated in the act of 1894. If the act of
1894 be construed as claimed by the
! petitioner, and as matter of law under
such acts the seleCtmen of the town are the
officers who should grant permission for
the location of the road in the village lin
its. The commissioners, in view of the fact
that the opponents of the petition failed to
point out any route for the proposed road
whatever, or to show wherein the route
asked for by the petitioner is not proper or
suitable, decide that the railroad shall be
located in the limits of the incorporated
village as described in the petition in this
case, except that it shall not be laid from
the south end of Main street bridge along
! Depot street TO point near the track of
| Central Vermont railroad company.
The commissioners do not attempt to
/ locate the route of the road by course and
distance or more definitely than as set
forth in the petition, but either party may
apply for further hearing if desired, upon
the question as to the precise location of
! the railroad.
Dated at Montpelier, this first day of
March, A. d. 1895.
OLIN MERRILL, J Ro,lroad
0. NJ. BARBER, Comm niaGou
G. j. BELL, O0ii'ii'sSioleIs'
hereby certify that the foregoing is
| IL. 81 a true copy of the report and finding of
the Board of Railroad Commissioners