The Portland daily press., 1899-12-08
Railroad Commissioners Rule On a
Technically.
Absorbed Corporation
Had no Right to Petition
Portland Petitioners Wi Appeal
to the Supreme Conrt-
ESPECIAL TO THE rREss.I

ESPECIAL TO THE fRFSS.l
Old Orchard. December THE Boston
Il Maine has won the frat round OF the
battle between steam and electricity so
far as pertains TO the handling Of traffic
between Portland and Old Orchard and
Saco. The prominent Portland men who
are behind the proposition to extend the
street car line from the Rigby road in
outh Portland to Saoo and Old Orchard
came here today to be present at an ad-
journed session Of the. Maine railroad
commits iioners, and were confronted by a
decision Of tbs boarI, diminishing the
petition. Thus the matter must stand
till the supreme oours rules Oh the Pc
titioners' appeal.
new remonstrant appeared today, in
the person Of George y. Haley, Esq.. Of
Saoo, who represents newly organized
corporation which seeks franchise over
= part Of the territory outlined In the
Portland pstitioners' map. This new
company, which filed its articles with
the state railroad commissioners, Hovem-
Der Z, contemplatss building street
railway line from Sac, to Portland, and
Q branch from Oak Hill to Higgins
Beach, Prout's Neck. Pine Poin. and Old
Orchard. Its incorporates are Messrs.
John W. Deering of Portland, II. l..
Hilreth Of Boston, J. g. Shaw Of Bidds.
ford, George y. Haley and Herbert
Jordan OF Saoo and ]. q. Kalsr Of Cape
Elizabeth.
Ex-Governor Cleaves and Judge
Symonds were present, representing the
Boston 81 Maize, and Hon. q. y. Libby
Of Portland was here a. counsel for the
petitioners, accompanied BY Manager
Newman, President Wood and others.
Chairman Peaks of the board of COM
missioners announced that the board had
PREF AIRED In writing decision on the
prslimir arg objections to the petition.
At his request, Commissioner b. r.
Cha bourne read the decision, an extend
ed abstract of which 10 here given;
COMMISSIONERS DECISION
The question OF tho right ..of the Caps
Elizabeth Street Railway to extend its
real from South Portland to Sa,o and
Old Orct ard, which has been pending
ptIoE0 tuo wan Va
ers since October, and upon which one
hi caring has been held, and which was
continued to December 9TH flor decision
upon preliminary questions, has been de-
cided by the commissioners.
The claims of the attorneys opposing
the petition, was that the Cape Elizabeth
Street Railway company hal no authority
to proceed, because,
FIRST: 1t hal not sufficient original
capital stock required by s,atuts to make
the extensions contempla led by the petit
ton, aud has no authority to increase Its
capital stock for such purpose.
Second: That the Cape Elizabeth Street
Railway company did not, under Its char
ter, extend beyond Cash's Corner; that
the Portland & Cape Elizabeth Railway
built from tina. point to Rigby Read, the
point which the petitioners petitioned to
extend from.
Third; That the law authorizing an
extension of q railway applies only to
such extension in towns or cities where
the original articles of association first
gave it authority.
The commissioners, while admitting
that the questions raised were Important
ones, base their decision upon another
grouEd. They decide that the Cape
Elizabeth Street Railway company has
not such legal existence as would give
it the right to petition for and have
granted the privileges asked.
The commissioners proceed 70 give
history of the Cape Elizabeth Street
Railway company which was organised
in 1895, under tho general street railway
law of 1898. The articles of association
which were approved by the board. stated
the point of beginning, at the southerly
end of Portland bridge. giving the streets
where 1t was to run, ending at Cash's
Corner. all In South Portland.
Previous to this charter tho Legislature
of 1895 had granted a charter to the
Portland s. Cape Elizabeth hallway CON-
pany to build o railway over certain
streets In the city of Portland, also In
and through the town Of Cape Eiizabs tn,
which then included what 10 now South
Portland, upon such streets or ways as
the municipal officers might determine
and asssnted to by the Portland and
Cape Elizabeth Railway company. On
,hs 18th Of June, 1895 the Cape Elizabeth
Street Railway company applied for ap-
prevail of location over the route named
In Its articles Of association.
A question WAS raised by attorneys for