The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-11-03

tue nupltot. nv DohtSteu tuat tne DooF u
had NO Jurisdiction, and he expected
that IL would not grant petition which
II hsd not authority to grant under the
laws OF the state. There was but one
petition te,ore this court. the Cape Eliza
beth street railway s. For s,me reason
past all finding out-at lenst by outsid sfs
the Portland and Cape Elizabeth rail-
real company had used q corporation
known a. the Cape Elizabeth street rail-
way company 10 COZ struct part CT Its
line But the Cape Elizabeth railway
Company, organized under the general
law, tool Of some mysterious arrange
ment. Of q ohsr,e ed corporation, having
o terminus ct Caih's Corner, has been
revived, Its capital stock Increased, and
now petitions to extend line, not from
its termination NJ Cssi's Corner. where
Its powers end. bet from q peint at Rig
by Park, q mile westward.
Now such corporation had no right
to ask for such extension. There were
Limitations Of such q corporation. Its
capital stock must be sufficient; 1t must
limit It's operations to the limits Of the
towns or towns In which IL Is char
tered; and Its lines must be continuous.
Now the company which petitions here
has not built from Cash's Corner to dig
by. That was built under the charter of
the Portland and Caps Elizabeth abroad
co,r pany. Therefore the petitioner CON-
pany was asking for an extension which
started, Eot from the end Of its own line;
but from the end Of line built by some
other company.
Judge Symonds then went on 10 ey-
amins the railroad law to show that
much Ct the law relied on TO admit this
extension applied to chartered" strt ct
railroads, and therefore was not applica-
BILE to the petitioner in this cafe. which
IL corporation organized under the
general law Instead Of by q Legislative
charter.
Now an extension Of street railway
must be continuous. You could not ssip
nalf Q mile or tsn miles. The Cape
Elizabeth Street. railway terminates mt
Cssh's Corner. This extension Is askei
from Rigby Park. Such construction
was not an extension, and therefore could
not be made under the law providing for
extensions
This general street railway COMPANY
supposin0 It already to have life, used
the full measure Of its power In build
ing to Cash's Corner. Now II this board
was to admit the principle that gen
eral corporation could extsnd its opera
tiors to lines not contiguous to It's loca-
tion, there would be no difficulty In fu-
ture In allowing the Cape Elizabeth road
to build o stretch Of road In Bangor,
another In Calais and another In Houl-
ton. The Legislature had always hsdgsd
about the privileges of such corporations,
and had jaalously restricted their opera
ton to the cities and towns throughout
which the rights are granted by ap-
provAl of the articles Of association.
The law relating to extensions. add
lions or variations Of railway li,es did
not apply here. This road asked was not
q tree extension. or an addition or a vari
atior. 1t was petition for leave to
build q new and independent road.
Moreover, tie increase OF ths stock Of
the Cape Elizabeth railway was not JUS
tilted Such increase was allowable un.
der Law only when the stock IL insufiio-
lent for constructing or operating Its
road" and only for that purpose. Now
the Cape Elizabeth railway operated no
road. The Portland and Caps Klizabsth
Railroad company oparated the rond. and
the petitioner company had virtually
ceased to exist.
MR.. LIBBY, IN RESPONSE.
said that II there was to be plea rs
to jurisdict on 1t should have come prop
erly at the baginrini. Moreover, It was
understood that the Boston s. Maine
was to waive all considerations exceps
those Of public convenience and neressi-
ty. But 1t seemed that this was only one
Of the eculiar developments Of this case.
In presenting his Gaze he had relied upon
the general publ, necessity, the broad
grounds Of the public welfare. Against
this SHOULD they urge a narrow and
technical objection. based upon a micro
scopic scrutiny Of legal terms? And he
believed that when thii case should get
before judges who had NO interest except
In the construction ana interest Of the
law. 1t would be found that the petition
presented was perfectly we'll founded.
Great public right could never be dspen-
dent upon small technicalities. In all this
general requirements the petition had
taken all the steps required. Thes, were
| that the capital stock should be ample I;
that the municipalities should give their
assent; and that the location should be
approved by the commissioners. Ihs
petitioner had observed all the require.
ments The counsel on the o.her side had
discovered, or thought no discovered, a
little gap Of half a mile. But the Port
land Railroad had lease hold and other
rights on all thes, lines, and thsrs were
no edissentient stockholders to object to
TIE exercises Of Its rights. 1t was not
true that the Cape Elizabeth Railway
company was . dead corporation. Until
o corporation was dissolved, 1t existed
and had rights.
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