The Portland daily press., 1895-11-07
Geags Of Rushing Electrics Will Not
Disturb the Peace.
COMMISSIONERS BLOCK THE
BOOOMSTICK TRAINS.
They Decide That Public Convenience
Does Not Require Them-The Pleasant
dale Crossing-Other Augusta News
The Rate of Wages in Maine.
[sPEcrAr. TO THE PREss.]

1
Augusta, November 6.-The railroad
commissioners were in session here to ;
day and transacted considerable business
They settled the long-pending question
Of the proposed electric road to Gorham,
and they settled it by deciding that the
public convenience does not require the
| building of the road. The WestbrooS and
Gorham Company has corporate exls-
tence, for the question formally before
the commission, was the approval OF the
articles of association and these were ap-
proved In building a railway under the
general law there are two steps to be
taken. The first is the formation of the
company and the approval of the articles
of association by the commission as was
done in this case. The second is the
adoption Of the location or route which
must also be approved. The commission
ers say they have no authority to stop the
formation OF the corporations. Their
power in that case is limited to seeing
that the law is observed. But when it
comes to the location, they can refuse
their sanction OH ths ground that public
convenience does not require it, or for
other sufficient reason. So on the ques-
| tion Of the approval of the location
hinges the fate OF the railway company.
In the Gorham matter, this question
was not formally before the commits
sion, but as the matter of the new line
was gone over at the hearing in Portland
and then exhaustively discussed, the
commission append to the approval of
the articles of association, certain memo
randa stating why they would not ap-
prove the location of the proposed road.
| So the broomstck trains will not run
to Gorliam just yet.
| Another matter Of interest in Portland
was considered by the commission today.
| When the crossing of the Cape electric
railway and the Boston & Maine railroad
at Pleasantdale was approved by the
com mission it was deoreed that each cor
poration should pay -halfsthe expense OF
| ing. This financial arrangement was
| then made as u temporary one, pending
i che hearing of the corporations in regard
| to it. Today Hon. Joseph W. Symonds
representing the Boston q Maine, and
Hon. Clarence Hale and Mr.. krutz, rep
resenting the Cape road, appeared before
| the commission. Each side claimed that
the other should pay all the bills. The
commissioners will compromise these
claims. They will leave the matter just
as it stands now, each company paying
half.
The commissioners approved several
highway crossings and a slight change
of location on the Ashland branch OF
| the Bangor & Aroostook.
| Nfrha fol IOViOp is memoranda in the
Gorham matter:
"While the only question which we can
| legally settle in this proceeding is Wheth-
er sections one and two OF chapter 26S of
Public Laws of 1893 have beea complied
with, the question whether public con-
venience requires the construction of
the proposed electric railroad from West
| brook to Gorham, was submitted to us by
agreement CT the parties and considerable
| testimony introduced relating thereto.
We have hesitated about giving any
consideration to this question, not only
| because decision here cannot have the
| force of one regularly made, but because
we have felt great doubt about the pro-
priety of proceeding in this manner, as
this question can be only legally before
| us upon petition for approval of location.
| But while we deem it the best practice
ordinarily, to consider only what Is legal
iy presented to US, we have reluctantly
consented to consider this matter now,
such being the desire of both parties
s'Under chapter 26S of the Public Laws
of 1893 there was practically no limitation
| upon construction of electric railroads ;
| but a change was made by the Public
Laws of 1895. Chapter 81, and the statute
which now authorizes the railroad COM
missioners to grant franchise for an
electric railroad, limits that authority to
cases where public convenience requires
the construction of such road This Ian
guage in, this respect is identical with the
| statute which authorizes theabuilding of
steam railroads under the general law
VIII sn tho railroad commissioners find
that public convenience requires it.
| 'If this public convenience in the
| law of 1895 means the same public con-
venience' which is required to authorize
the building of a steam railroad, can we
say that there is any suoh demand for
the constructions of this railroad?
| Measuring the volume of public con-
| venience to be served by the use made
of existing methods of public conveyance,
we find that while there are six passen-
ger trains each way between Gorham and
Portland, the actual gross receipts for
| the year ending June 3, 1898, averaged
only two dollars and two one-thousandths
! OF cent per tram.
| ssThis certainly does not show any great
| demand for increased facilities. II 1t Is
| suggested THAI Uil0 ldToS tbio uoo h1SA, "a
that the trains are not run to accommo-
date the travel, the statutes provide
better way of curing the evil than by IN
viting competition.
''But tits urged by the petitioners
that an electric railroad naturally ac-
commodities a different class of travellers
from that accommodated by the steam
railroad; that an electric railorad receives
passengers at their homes, or on the
streets, being therefore more convenient
than steam railroads, which takes pas
sengers only at their regular stations.
.'frhis is a strong argument, conform
ing to our observation and experience
There are, however, very few dwellings
between Gorhain and Westbrook, and
we fail to see why the people of Gorham
village may not go as conveniently to
the station Of the Portland & Rochester
railroad as to the terminus of the pro-
posed electric road.
ssAgain, the electric railroad. under
the general law, has the right to carry
property as we'll as persons; and while
the petitioners at present intend to carry
passengers only, there is nothing to pre-
vent their also enoumbering the high
| ,uovs with freinht traffic. should sthey