The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-02-09

now hold that the affidavits Of the dirsc'
tors, made In accordance with section =
are prima fsoie proof Of the facts therein
stated. and We must assume them to b
true, at least until there 10 proof TO the
contrary. Adopting this latter rule. we
| find that section has been complied
with In these articles OF association.
section provides among other things.
| that tie articles OF association shsll nams
the places, cities and towns from which,
constr ucted, maintained aud operated. %
These articles not only name the
"plases cities and towns" as required
| by section /, but the routs IL fully de-
Goa bed and absolutely hxed, By streets.
roads and ways between the termini at
Biddeford and Wells. 80
In q decision rece1tly made by ibis
board In the matter Of the York County
Electric Railway, we endeavored to state
fully the reasons which 20 our miuas
raised serious objections to the meaning
Of the route In the articles Of association.
II another and better reason can be Dc :
sired than those given, it has been fur-
nishe d BY the petitioners In this osss.
II we are to approve these articles, We
must Of necessity approve the route
named In them, and II We are 60 IND
that public convenience rsquirss she
building of this road, We must IND thas
it is required over the route spscified.
Upon examination Of the route named.
we find 1t runs through Main street In
the village Of kennebunk. II 10 common
kuo vledRe to all the people Of kenns-
bunk, as undoubtedly 1t 10 to these pc
titioners, at 10 certainly Known By the
railroad ooIomissioners), that shs San
ford and Cape Porpoise railroad has al
ready located ana built . branch Of its
road over and along Main street In the
business portion OF Kennebunk. aud yet
we ara asked with apparent sincerity. 70
approve these articles, describing route
over the same street, and to lind that
public convenience requires the building
Of this road over Main street, with full
knowledge Of section IS OF the street rail-
way law, which provides that no corpo-
ration or person shall be permitted to
construct or maintain any railway, for
similar purposes, ever the streets, roads
or ways that may be lawfully occupied
by a street railway, In any city or town"
do what the legislature has absolutely
prohibited US from doing. IL suoh
DON truotiou can be put upon this statute,
as Is contsnded for 10 this case. and II
We oan legally approve A-routs absolutely
prohibited BY statute, surely "bsurdity
Will need no higher precedsnt.
The present board Of railroad commits
sloners have approved ths articles Of asso-
citation OF ten electric railroads: The
Cape Elizabeth street railway; the Port
land extension railroad; the Lewiston
and Brunswiok electric railroad; the Ox-
ford Central cleo -ic railroad; the Penob.
scot Central rsilroad; the Saoo River
electric railroad; tae sanford and Cape
Porpoiss railroad; the Benton and Fair.
field railroad; tire York County Ger al
elect 10 railroad, and the Atlantic Shore
line railroad; and In M one Of them has
there been any routs by 1T ,eet, roa de
and ways named In the art clei Of assooi-
~ AA - All
/ ,ese al tlolss are among the ablstt In tae
at tn.
iris last considsrat on may not be de-
oisive OF the que, tlon at issue; and yet 1t
ought to have great weight, land II GER
t ,inly does With us). as showing that
learned memoe Of the bar OF large ex-
per ienoe, all over toe st At, have put the
same constr uet!on upon this ttst2to that
We have put upon 1t.
How can the railroad commissioners be
reasonably expected to approve the
rout,, and find that public convenience
requires the building OF this road. and
they are ABSOLUTELY prohibited BY ftltut'
Those persons who complain Of the
great powers given the railroad commits
sioners Of this ,tsts should net &c the
ones to ask them to exercise power
which the legislature has reserved to 1t
self alone.
Doubtless the legislature has the au-
tlority to allow two, or even more, cleo
trio railroads In tie sam Q street, but the
railroad com Miss toner's have ntt this
power. In fact. the 1T gtctss prohibit 1t
and we can do nothing bot decide that
this pct tlon shall be dismissed.
When Commissioner Chad bourne had
finished reading the report. Mr.. william
A Roberts. one Of the projectors Of the
Biddeford, Kennebunk and Wells road.
remarked: "Thank God the courts are
,tn OPEN"
ayes. and the newspapers, too" was
Chairman Psaks's rejoinder.
Mr.. Roberts says an appeal win be en-
tsred, which win take the mAttsr into the
courts. Fred j. Allen, Esq, Of Sanford,
counsel for the Atlantic Shore line, says
that company has already ordered about
$500. 900 worth Of materials and will tegin
construction ss soon a, the frost leaves,
unless hindsred by legal tsohnioalt'es.