The Portland daily press., 1899-02-09
ESPECIAL TO THE PRKss.i


Reported ON Adversely.
ESPECIAL TO THE PRKss.i
Augusta. February Sit was West
brook day before the railroad committee
and the petitioners for n renewal of the
charter Of the Westbrook, Windham and
Harrison presented their case while the
committee also heard the claims of the
promoters Of the Oxford and Cumberland
through the same territory, an operation
which II authorizes would shut out the
old company. Russell ID. woodman, j..
c. Scates. c. b. woodmap, George A.
Haley and Judge J. II. Tolman were
present from Westbrook and of course
Representative Thurston S. Burns OF that
city was also In attendance. Hon. George
e. Bird acted ss council for the West.
| brook, Windham and Harrison petitions.
The first matter presented was!the act
TO incorporate the Lincoln, Lakeville and
| Union Telephone company and Hon.
Clarence Hale appeared as counsel for the
New England company to state their
position in reference to special charities.
Ii appears from MIR. Hale's argument
that the telephone company takes similar
ground to that taken by the railways in
regard TO charters MI. Hale describ ed
the general law and declared that 1t either
means something or 1t does not. The
New England company Is not hostile to
any new company for which II charter has
| l,s.f t. for ha Int Of tina
companies. the public and the legislature
that there should be harmony in the
treatment of charters and that companies
should organize under the general law
first, and then appeal to the Legislature.
the law providing for al appeal to the
legislature il objection is made by an ex
listing company. Now, gentlemen. IL
seems to me that this law means to take
from you the burden of hearing all these
cases except where there Is opposition
That course is the consistent one and one
which elevates the action of the commit
| tee into that OF an arbiter to SETTLE any
real question and 1t removes from The
committee the consideration of merely
routine matters. The position OF the New
England company has been explained to
the friends of the Lincoln, Lakeville and
VIM company and they are satisfied to
proceed under the general law. There Is
no objection to this company nor to Others
so far as Mr.. Hale knows. He simply
wanted to make plain his position that
companies should organize under the
general law.
Dr. Peaslee of Wiscasset said that as far
as the charter Of the Wiscasset and Moose
head Lake company was concerned they
should take the ground that the renewal
of the charter should DO granted.
When the Westbrook, windham and
Harrison matter was called, MIR. Heath
representing the Oxford and Cumberland
suggested that both matters be heard to-
sether.
Mr.. Bird said that 1t seemed to him
the matters should be ASSOCIATED. The
legislature OF 1897. after an exhaustive
hearing lasting two days, decided that
public necessity and convenience de-
manded the building Of this road. Today
the friends Of the charters were here to
give reasons why the charter should be
renewed. What these other people want
| / do not know, said Mr.. Bird.
| That is not our fault, retorted MIR.
Heath. The charter has been here. / do
| not believe that tho legislature OF 1897
meant to deny the right Of the people OF
the State of Maine to come here and ask
for rights to build road In this territory.
We shall, of course. attack this charter.
MIR. Drummey of the committee ended
this discussion by moving that the West
brook, Windham and Harrison case be
taken mp, and it was so voted. MIR. Bird
then opened the case for the petitioners.
He said that 1t was not necessary for him
to refer to the business depression of the
past two years. The charter granted in
1897, contained one unusual prov ision in
that it required the promoters to have ten
miles of it in operation in two years.
| They had not been able to do this Int
they had graded the road so far as possible
and had spent considerable money. They
| thought that they had an equitable case.
| Mr.. Russell ID. Woodman was the first
witness He told of the efforts to finance
the road and of the grading of the first
ten miles SO that 1t was ready for the
rails. Had the charter been in the usual
form, the rails would have been laid.
The parties who were to furnish the
money had said to the company: "If you
had sixty or ninety days more, we would
finish 1t for you.
In answer to questions by Mr.. Heath
Mir. woodman said that he would moi
speak of grades. The road WAS to exteno
through Westbrook, Gorham, Windhain
and Cssco to Naples. The purpose of the
road was to carry freight and passengers.
Judge j. II. Tolman was next called
He said that the road was surveyed under
his direction and the locations were &C
cepted by the towns. The survey cost
1915 and the construction work some
thing over s2i4o Other expenses would
foot up to about $4,000 more. If the ordi.
nary time had been given the first ter
miles would have been In operation. II