The Portland daily press., 1897-11-04
GORHAM ROAD AGAIN.
The Appeal from the Decision Of
the Railroad Commissioners.
PORTLAND & ROCHESTER, OBJECT
TO THE APPEAL.

GU estion of Constitutionality of the Law
of Last Winter To BE Raised Before
the Law Court.
The old fight of the town of Gorham for
electric road connection with Westbrook
and Portland came Cup in the Supreme
Court before Judge Whitehouse, Wednes-
day The first move made was in the
form of a petition from the Portland Elk :
tension Railroad Company. In this petit
ton the company, which was formed to
construct the road, complain: That on the
third day of June, 1886, it presented to
the Railroad Commissioners of the State
its petition for approval of the location of
the electric street railway which it pro-
posed to build. in .Westbrool1 and Gorham,
the proper particulars as to route. etc. ;,
| being included, that hearing was held
June %, 1895, and that the railroad com.
missioners decided that public conven-
| fence did not require the construction of
| the road and therefore sdid not approve
| the location; that the Portland Extension
Railroad Company is dissatisfied with
| this decisiop-of the srailroad commisson-
ers, and under the act "to regulate the
organization and control OF street rail-
roads" approved March %, 1897, within
three months from the time when the
act went into effect. served upon the rail
road commissioners and the Portland q
Rochester railroad written notice of an
appeal from the said determination and
decision. Wherefore, the petitioner prays
| that the, court appoint a committee scon-
sisting of three justices of the Supreme
Court to hear and determine the question
involved in this appeal.
In reply to this the Portland & Roches-
ter on Wednesday fled the following:
The Portland Extension Railroad Com
pany, appellants from decision of Board
of Railroad Commissioners of Maine.
And now the Portland and Rochester
railroad party interested having ap-
peared and objected.at said hearing before
said railroad commissioners to the location
offsaid electric street railway and having
been made party CT record to said pro.
ceeding and duly served with notice there
VI, COIloS- dllQ utulufS W sdlu
as filed by said petitioner at the present
term and says that the same is insufficient
in law. Wherefore the Portland &
Rochester Railroad prays judgment by
N. & H. B. Cleaves, Symonds, Snow &,
Cook, attorneys.
The Portland Extension Railroad
| makes this joinder:
| And the said Portland Extension Rail-
| road Comp nv, Appellant as foresaid,
says that said complaint is sufficient in
| law. Wherefore it prays judgment by
| Libby, Robinson & Turner, it's attorneys
| Judge Whitehouse overruled the de-
murrer, to which ruling the Portland &
| Rochester Railroad exceIts and prays
that it's exceptions may be allowed.
Judge Whitehouse allows these excep-
tions.
Thus the case will go to the law court
on the demurrer to the appeal. The Port
land q Rochester hold, it is understood,
that the law passed last winter, under
which the appeal is made, is unconstitu-
tional. rf,g5
On Wednesday Hon. Charles f. Libby
appeared for the Portland Extension road,
and Judge Symonds and Ex-Governor
Cleaves for the Portland q Rochester.