Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-05-24

this statute of 1898, chapter 1875, the
Bangor & Aroostook Railroad Com
pany have the right to change their
line between Caribou and Van Buren,
if it deems it necessary or expedient.
but they must do it under the direction
of the railroad commissioners.
Just what authority the railroad
commissioners have, under this sec
ton, and what power the board has to
deny the company the right to change,
it is not necessary to discuss or de-
eide; because by the act of 1891, Pri-
waite and Special Laws, chapter 166,
the company has the right to build a
line from Pressure Isle through Caribou
to Van Buren,. by the most practic-
able route" That certainly can not be
construed as meaning a route which
shall best convene the town Of Carl
bou. or any other single town, but one
which shall the best convene and bene-
fit the whole county.
The policy of the Legislature I'M
doubtedly was to authorize this com
pany to build a line of railroad through
ArooStoOk county, by rou.e which
would be the most practicable or eXpe-
dent, and with a view to the largest
development of the resources of the
whole county. Each town in the
county must pay it's proportional part
of any tax assessed for this purpose,
and we can not see why the town OF
Caribou can consistently clam any
more right to object to line which
shall accommodate the town Of New
Sweden, than the town of Pressure Isle
had to make an objection when the
road was built north from Pressure
Isle to Caribou, or Houlton had when
the road was built north from that
town.
The only question in our minds is
and must necessarily be. which is the
most practicable line between Caribou
and Van Buren,-the line as located, or
the new line as proposed? We have
said we believed il to be the policy Of
the Legislature. acting for the State, to
authorize a line to be built in the in
terests Of the largest development of
Aroostook county as whole.
The railroad commissioners are sim
NV the servants Of the State. and in
This. as in all other matters. it "h0uld
be their desire, as it certainly IS th"ir
duty. to carry out the policy o. the
State. as voiced by the acts Of is
Legislature.
The Legislature has said that the
Bangor and Aroostook Railroad Com
pany should build this road by the
most practicable route" 1t has dele
gated to the commissioners authority
70 say which is the most practicable
route. and to allow change in the TO-
cation IF necessary or expedient.'
we have no hesitation. after hearing
the testimony of Mr.. Burpee, in saying
that the proposed route is the most
practicable one from an engineering
standpoint Mr.. Burpee is an enSl-
napr of large experience, capable. ana
with reputation for integrity beyond
attack. and he would not Intentionally
misstate any fact connected with the
survey of the several lines.
We must frankly admit that we are
also influenced by the statements OF
Mr.. Albert Burleigh the president, ara
Mr.. F. w. Cram. the general manager
that a railroad built over the old line
would never pay, and would never
nroperly develop northern Aroostook'
while road over the proposed route
would do both.
If certainly seems to US that the
narties who are to build and operate
Tho road and who have fully inVesu-
GATED the matter. are able to judge
f.irIv of what is the best interest or
all concerned.
If IS contended by the opponents that
his case does not come Wlthln the
sap,a legal rule which the court eS-
tahIished in its decision in Lowell W
washington County Railroad. 10 Me.
so sustaining the jurisdiction ana
,o,vars of the railroad commissioners
in that case. ne
We confess that we can see no an
Torrance. In that case the ana Oh the
oountv was voted before the line was
Iooatad So it was here in the first IN
stanca and afterwards with full knoWl-
40 of the statute authorizing
cbapqa of location. In that case the
1ipa had heen located. and the location
eiad With the county commissioners, as
\ was in this case, and the railroad
commissioners authorized he change
under the same statute invoked III TINS
i case. ..-. ..,.
We have examined the matter care
-- MINK GRAND