The Portland daily press., 1900-03-08
ELECTRICs TO FREEPORT.
Railroad Commissioners Decide
Against Extension.

Augusta, March 1.-The railroad com
missio asrs, Wednesday, made public
their decision in the case Of the pstition
Of the Lewiston, Brunswiok s. Bath
Street Railway company 20 extend their
line from Brunswick, through FreepoFt
20 the Yarmouth line. They dismiss the
petition.
The dsois.on hinged on the contention
of the attorney for the road that by the
amendment to the law, the railroad
comm lssioners had no Jurisdiction AZ 70
the question Of public convenisnce In
case Of roads which are extensions Of
chartered roads into other towns.
In 1855, the Legislature amended the
law governing the formation OF street
railway lines, formed under the general
Law, by giving to the railroad commits
sioners the right 10 tetsrmins whether
the public convenience and nsoessity
required their construction. In 1897 the
law was again amended. 1t was provide
that appeals might be taken from the
section i've was incorporated In the law
providing that street railway corpora
lions organized under sIsoial charters
might be extended into towns s1join-
ing those named In their charters upon
compliance with the requirement Of sec
tion six. This provision was o part Of
section six of the law as 1t existed s'ter
the legislature OF 1877 had amended 1t. but
In 1899, still another amendment was
added. Under the law IL ha1 been neoes-
sary to have two hearings in every case,
ons to Cypress the oh arter and the other
to determine the question of public
convenience.
In 1899 tho Legislature took from sec.
tion SIX OF the law OF 1897 that portion
relating to the matter Of public oOn-
venience and necessity and transferred II
to section three which deals with the ap-
prevail Of the location. As se,ticn five,
which relates 10 extern ions Of specially
chartered reads. provides that they shall
be built, In accordance with the pro-
visions Of section Q, II section six Is to be
construed AZ 1t at present exists. the re-
quirements IN regard to the determine.
ton CT public necessity and convenience
having been transferred to section three,
the railroad commissioners have nothing
10 do with that matter.
| So commended the counsel for the road.
The oommissi o uers rule to the contrary
in an elatorats and somewhat lengthy
opinion. They summarize their visws
as follows;
| II the construction oontsnded for by
g. he. L. ha nnH
rect one. then street railroads organized
under a charter might extend into any
town adjoining those mentioned in it
chartsF, without applying to the railroad
commissioners except so far rs the iooa-
ton lie concerned In the street, and with
out any right Of appeal; while corpora
ton organized under the general law
must apply TO ths railroad commission
ers 60 determine this question Of public
convenience, and every party appearing In
and claiming to Re Interested parties may
have an appeal.
| We cannot believe that the Legislature
intended to make any suoh radical change
in the street railway law Of this state,
and give such diverse rights to railroads
organized under charters. and those orga-
nizsd under the general law. AS bsfore
stated. the attorney for the petitioner I'D.
mits that II this construction which We
put upon the status Is corrsot one he
has no standing In court, and as We do
put that construction upon the statute
we have only to decide that this petition
must be dismissed.