The Portland daily press., 1895-06-08


mere useless for1nality, which it seems
necessary to recognize to the extent of
receiving your formal approval. The Sc
lectmen of South Portland, have AFRO
gated to themselves the right to sanction
these proceedings without considering
the rights of the public at ALL There are
other people who use these roads. There
are goods to be delivered there are people
who drive through these streets in other
conveyances than electric cars. Yet there
has been absolutely no chance for such
interested portions of the public to be
heard. The selectmen of South Portland
had given no such chance. Common
decency would have caused these men,
had they not been the
BLIND INSTRUMENTS OF SHREWD
MEN,
to consult the public wish before doing
this.
Mr. Robinson here presented remon-
STRANGE signed by prominent and influ-
entail citizens.
Mr.. Robinson passed next to the
QUESTION OF PUBLIC NECESSITY.
The road was running through coun-
try which did not call for double track.
If a double track was called for in South
Portland, six tracks would be required
on the lines of the Portland street rail
way.
Here the point about double tracks in
general came up, and Mr.. Hale said his
clients held that the question Of double
or single track was to be decided by the
town officers, not by the railroad COM
missioners
Mr.. Robinson went on to say that no
present prospects of growth could demand
double tracks. Four T rails cover nearly
the whole of the road. No public neces-
sity calls for such an occupation of the
road.
The legislative will with reference to
this locality has been expressed. The road
and the community were properly pro
tected by it, and that charter should be
adhered too.
Mr. Hale-"The charter says couble
tracks, does it not?"
Judge Robinson Yes, but there are
some limitations which you gentlemen
do not want. -
Judge Robinson then concluded by
asking if on the whole, the commissioners
thought that public convenience demand
ed what was being done.
At this point Railroad Commissioner
B. E. Chadbourne brought up the point
that the charter granted by the legisla-
ture provided that no other corporation
could construct a line over the route
granted by the charter Mr.. Chadbourne
wanted this point discussed a little. Mr.
Hale said he had looked into the point
and was ready to discuss it, but did not
wish to do so until the remonstrants had
finished Some discussion then arose as
to the present construction.
Judge Robinson-''I understand that
these gentlemen are here with con-
struction for which they have no legal
authority
Mr.. Hale-"Oh, no, we do not admit
that
Judge Robinson-f'D Did you not say this
morning that you had constructed under
the permission of the selectmen of South
Portland?" e.
Mr.. Hale-s"Well?"
Judge Robinson That means exactly
that the road has been constructed ille-
gally.'
Mr.. Hale-"We will not go into that
now
County Attorney Charles A. True next
appeared for the
COUNTY OF CUMBERLAND
He assumed that the proceedings had
now arrived at a stage where the COM
missioners had some discretion When a
road was to be built over long bridge
like Portland bridge, various and conf1ic-
ting interests had to be considered The
draw had recently been rebuilt at a
large expense When that draw was
built no idea of an electric railroad had
been braoched When the question of
road came up, the county commissioners,
wishing to favor the development of the
communities beyond The bridge, had APP
proved the use Of the bridge. AT that time
the interests of the county seemed secure
The capital stock of the electric railroad
corporation was put at an amount equal
to building and equipping the road. In
passing over the bridge all damages, APP
proved by the charter, were to be satisfied
by having reliable corporation behind
the electric railroad. Under no other
circumstances could the charter have
been approved by the county commission
ers and sanctioned by the legislature
And now, if this new charter is granted
all the County of Cumberland can look
to for damages in case of accident, will be
only so much property as may belong
to the old chartered company. This prop
erty will be only mile of track from
Cross street to the end of Portland
bridge, if the railroad commissioners al
low this new orgapization That proper
ty will consist only of the rails, and will
be
ENTIRELY INADEQUATE
to satisfy a serious damage to the draw.
The rast of the. rails tho carS tho pnxUa1.