The Portland daily press., 1899-02-09


tween 1900 and 1000 persons. Mr.. Bird
read a letter from Edward A. Noyes,
treasurer of the Portland Savings bank
. stating that he had examined the work
done and believed tho road would be built
IL the charter Is extended. MIR. Bird also
read letters from Henry p. Cox and Geo.
Durham stating that II tho charter Il
extended the money will be forthcoming
and the road will be built
Mr.. George @. Tanner OF Portland, a
property ownsr In windham, AIbsrt X.
Hawkes. of windham. testified In the same
line
Mr.. Macomber When did Mr.. Coz and
Mr.. Burnham become interested in this
road!
Mr.. BIrd-Last summer, believe.
Then Mr.. Hawkes. resumed his tsstl.
mony. he described how the road would
convenience him in hauling freight to his
home In windham. 81 believe beyond the
shadow of doubt that this road will be-
built" said MIR. Hawkes.. ''If did not
SO believe, should not advocate the ex-
tension of the charter. 1t is business or
nothing with me. | have given TO this
road and am ready to give more"
In answer to questions by Mr.. Heath.
Mr.. Russell ID. Woodmsn said the frsight
connection would be made with the
Maine Central at Windham. Mr.. Wood
man said that he believed thai there
would be good passenger traffic above
windham, especially In the summer ex
cursion season.
Representative Burns told the commit.
tee of the work which had been done. He
believed the road would be- built IL the
charter was extended.
The petitioners rested here and Sr.
Heath spoke briefly. saying no would try
his case later. Two years ago. the leRis-
lature granted this special charter ths
only one granted since the passage of the
general law in 1894 All the other charters
to anuul the general law were turned
down. Now after two years, certain
gentlemen in the upper towns of the
county finding that nothing had been
done, had applied for charter to give
toem right to build a freigh road along
the tow path of the old canal TO n conneo-
ton with the Maine Central at Newhali
Mir. Heath claimed there would not Ds
much passenger traffic for either road. II
tho leg islature wanted TO renew this
charter below Windhsm, the friends OF
the new plan lad not objection. Then
MIR. Heath declared that in his opinion
neither charter under the constitution was
worth the paper 1t was written on. Both
should be remanded to the general law
and the merits of the case tried out before
tire railroad commissioners where proof
would be necessary and letters and
petitions obtained by going up and down
the streets of Portland would be judged
| for what they were worth. IL the con-
stitution of Maine means anything, this
road should be organized under the gen
eral law. The putting into a charter of
various clsp-trap devices di! not remove
| il from the operations OF the general law.
MIR. Heath referred to the equity case
| growing out Of the building OF n recently
constructed road, which he said showed
that the legislature had no right TO create
corporation except in cases where the
rights could not be otherwise obtained.
If q corporation wants special privileges
| let it be constitutionally created under
| the general law and then ask for those
privileges In 1893 the general law was
passed and Windham charter Is, SO far as
Mr.. Heath knew, the only one since
granted In plain and palpable violation Of
| the constitution. II 1t was unconstitu.
tionslly granted, its renewal does not
give 1t validity. Let both plans be sub
mitted to the railroad commission and
best guarantee OF success.
Mr.. Bird in reply referred to the work
already done and said this was matter
of equity and not OF technicalities. He
did not believe II this charter was granted
the Supreme court of Maine would ever
undertake TO say that this company was
not a corporation,
1t is easy for this gentleman who comes
here with rag baby and u man of straw
TO attempt to realize for the parties he
represents the fruit of our industry.
The committee next took up the bills to
compel street railways to use vestibuled
cars in winter. Fred Emery Became, Esq,
OF Hallowell, argued in favor OF the meas
ure, advocating it on the ground that it
was necessary to give protection to motor
men in winter in Maine. Mr.. Beane re-
ferred to the storm raging today as an
argument in favor OF the bill. Mr.. Became
said he represented motormen OF the Au-
gusta road and the petitioners. Mr..
Became said that cars could be yestibuled at
an expense Of about s55 car He read u
number of letters from railroad men in
| favor of the law.
Elder II. G. Bssney of North Deering
also spoke in favor of the law. He based
his argument as did Mr.. Beane on the
protection of both the motormeu and by
preventing the motormen from becoming
numh with cold, the public also. II dumb
animals were exposed as were the motor
men something would be done about 1t.
Mr.. Basney presented petition from 90
motormen and conductors in favor of the