The Portland daily press., 1899-12-08

foftfnoos Wu@S w. Esttten3 - wy
Elizabeth Rsiiway hsd obtained its char
ter from the Legislature. The statute
provides that "No corporation or person
shall be permitted 10 construct or main
tain any railway for similar purposes,
over the streets, roads or ways that may
be lawfully occupied By street railway
In any city or town."
The Portland a. Cape Elizsbeth Rail-
way company thsreupoh Hled with the
commissioners vote Of the company, re-
linquishing all the rights they might
have under their charter. In the streets
to be occupied BY the Cape Elizabesh
Street Railway company. This commits
sioners then granted tho location OF the
Cape Elizabeth Railway company.
After the road had been constructed as
located, several branch trucks were con-
structed by the Portland s. Cape Eliza.
beth Railway com pAny under Its legisla-
II re charter. 10 South Portland, and GER
tidoatss were given by the board to
operate the same. one branch being from
Cash's corner {, Riyby park.
The Commi 81 oners say that the Cape
Elizabeth Street Railway company has
never made report to the board since Its
organ ,ation, as the statute rsqgites,
white the Portland 81 Cape Elizabeth
Railway company has each year of 1896.
1897 and 1855, made suoh reports. These
reports show the business Of the whole
line of street railway 10 South Portland,
including the Cape Elizabeth street Rail-
way as owned ty the Portland a. Cape
Elizabeth Railway company; that at all
the inspscti rms BY the board OF railroad
com u, ISL ,ners, the Portllud Cape
Xii sabeth Railway company has repre-
sented that ii owned the Cape Elizabeth
Street Railway, and the board has made
Is inspeoti ons ana reports accordingly.
The return recently made by the Port
land g. Cape Elizabeth Railway company
to February. IS, 1899, the commissioners
say, covers all tho railway Ia South Port
land, having no reference to leased lines
or lines operated under contract.
These facts teiag matters OF record, the
board has lAborsd diligently to lind what
IL any, the Cape Elizabeth
Street Railway company now has to ex-
tend its road to Old Orchard and Saco
The board refers to the charter OF the
Portland 81 Cape Elizabeth Railway
Com pany. section "a, chapter 1is. publ,
laws Of 1886 a. follows: "Ssid Portland
g. Cape Elizabeth Railway company is
hersby authori ssd to lease or sell IL rail.
ways, property and franchises to any
49,. .~.~ac,, - ., co,r M ~ mr. ann ps n an
or to unite ami oonsoliinte Its track,
property. franchiss and railways with
those Of any connecting company or oom-
pani IS, and to issue mortgage bonds IN
payment thereof"
The board here finds authority for the
Portland q Cape Elizabeth Street Rail
way company to lease or consolidate is
track, property, etc.. with thcss Of the
Cape Elizabeth Street Railway company.
They do not find as matter Of law. that
this language Of the charter gives the
Cape Elizabeth Street Railway company
authority to lease, sell. ETC, Its railways
10 the Portland g. Caps Elira.eth Railway
company. hut 1t did have authority to
the tracks, property, etc., Of
both compani,s under one name.
They say there can be no doubt that the
and stockholders believed they
had this authority, and have acted under
It. tecaus, on the first day Of November.
1895, the Cape Elizabeth Street Railway
company executed deco to the Portland
s. Cape Elizabeth Railway company Of
''The line Of street railway beginning at
The southerly end OF tbs Portland bridge,
running thence In said town of South
Portland through the villages Of Knight
Vile, South Portland and Willard to the
oeaon at Simonton cove in said South
Also the line at broadway
and Sawyer streets to Front and Sawyer
streets In South Portland. Also the line
rom Portland Bridge through Pleasant
iale, Ligonia to Cash's corner all In
south Portland; also all equipments, In
,luding everything connected with the
railway =. then owned or thereafter ac-
,uired, with all corporate powers, privil-
,ges and franchises. necessary to the own |
,rship and operation Of railway property; |
all the items necessary for |
he construction, equipment or operation |
If railway.
On the 18th day OF February. 1899, the
Jape Elizabsth Street Railway company
,xecutsd another deed. quit claiming all
is rights in said railway. These deeos
IRE recorded and ara matters of record.
The commissioners finally say that they
10 not understand how . cor poration
which has disposed Of all Its property,
aud franchise. as has been done by the
Cape Elizabeth Street Railway Company,
,an now have authority under the statute
70 extend railway. II It ever had any
such authority; and for these reasons the
decision Is that the petition must be dis
missed.
PETITIONERS WILL APPEAL.
At the conclusion Of Mr.. Chadbourne's
Mr.. Libby remarked that the
board didn't appear to have considered
that these franchises ana rights still
,xist, even though all the lines In ques-
"a -