The Portland daily press., 1896-06-23
The Town Turned Out 10 Present
Its Case.
THE HEARING BEFORE TIE RAIL
ROAD COMMISSION.

Gorham and Westbrook people were out
in force yesterday afternoon. They filed
Ridlon hall to OVERLOOKING and then adj
journed to the large hall in the Normal
school building. The occasion was the
hearing upon this petition of the Portland
Extension Railroad company for the ap-
prevail Of it's location from Westbrook to
Gorham. The matter has been once be-
fore the commission when an opinion was
rendered adverse to the road. This
opinion was informal, inasmuoh as the
question properly before the commission
was the technical one of the approval of
the articles of association, the main
question being then considered by con-
sent Of counsel and the opinion subss-
q uentlY rendered.
Yesterday all the members of the
board, Messrs. Peaks, Chaobo urine and
Danforth, were present and Col. e. S.
Harrington, the clerk. Hon. Charles Il.
Libby, William R. Wood. Esq, and
several hundred Gorham and Westbrook
citizens were on hand in behalf Of the
petitioners Hon. Joseph W. Symonds
and Charles s. Cook. ESQ.,, appeared as
counsel for the Portland and Rochester
road, which objects TO the location.
General Manager Peters was also present.
The heari ng was mainly devoted to the
presentation Of testimony showing the
demand Of the people Of Gorham and
Westbrook for tie line. Judge Symonds
contented himself with q statement that
in his opinion the case having been once
fully opened, the present proceedings
were irregular. He also spoke briefly
the public convenience, on which the
granting Of such locations depends.
A side issue was raised by George B.
Emery, Esq, who in an elaborate opinion
quoting sundry legal decisions argued
that the authority of the commission
municipal authorities in granting ths
location settling the question OF what
public convenience required. Mr.. Emery
based his conclusions upon the argue
ment that the use of the highways by an
electric road followed logically and legal
ly the other uses to which the highways
vera devoted when they were first laid
out and consequen tly within municipal
control.
Mr. Emery had no sooner finished his
argument than Mr.. Libby informed the
commission that it had not been sub
nlitted to him and that Mr.. Emery's
views were not part OF the case of the
petitioners.
During the hearing. the Gorham people
found it hard to repress their enthusiasm
and not until Mr. Libby, Chairman
Peaks and MIR. Stephen Hinkley had
spoken Of the Improperly of such demon
strations at hearing of this kind did
the hand olapplng stop. 1t was quarter
past two when Mr.. Libby arose In the
midst of a sea of waving fans and opened
the case for the petitioners.
Mr.. LIBBY SAID
that of course it was known that this
matter had been informally before the
hoard. IL was now formally presented in
Difference to the urgent wishes of tine
people Of the community. AS the Port
Ae<AAo Liza VOuS4OA Attk41l Cesd OOllpbltJ itts'i
gone into this enterprise not as matter
of speculation, but in answer to the gen.
eral demand Of the people for the road,
the company deemed it only right to use
every means to get tbs necessary per-
mission to build the road. While the
matter had been once before the board,
these proceedings were in the nature of a
review, and he Thought that the question
should be again carefully considered.
Mr.. Libby spoke at some length on the
intent of the statute, maintaining that
the words public necessity and con-
sense. but should admit Of such oonstruc-
ton as to reoongize that there were
different ways in which public con-
yenien ce could be subserved and that the
fact that q steam railroad existed should
not be held to forbid in this and similar
cases the construction Of electric lines to
supplement the services Of the steam
roads. This was a question of the e1ten.
sion of lire which would go by the
doors of the homes OF Gorham and take
| its citizens to the public squares and
| streets of near by cities. The Gorham
people were asking ouly for what the
Legislature had uniformly granted until
the time when it had given to the COM
mission to pass upon the question.
Mr.. Libby has been surprised at the
opposition to this road. The street rail-
ways had not heretofore been refused any
reasonable request. The new road would
do different kind of business from the
existing steam road. It would, Mr..
Libby believed help the steam road. He
instanoed the tear Of gas companies when
the electric light was introduced that the
new iIluminant would drive them into
bankruptcy. He spoke of the growth of
the steam railways in Massachuset is In
territory crossed and reorossed by electric
light. The
PORTLAND AND ROCHESTER,
railroad was the sole objection to the
new road. No doubt tho Portla nd and
Rochester thought it..would hurt their in.
vestments. On the other hand, it YVES the