The Portland daily press., 1900-02-21

was the blue print plan Of the location In
the two towns Of Brunswick sad Frseport
both included on ons drawing.
Judge Foster took another exceptisn.
"I want The court TO make a minuss Of
the fact that he Introduces plsn Of the
road In Frsepcrt and that we object"
A LIE NAILED.
Mr.. Heath then stated that under his
understanding Of the statute. after he
had complied with the Law by present
In these evidences OF Its fulfiilmsnt.
the duty Of the commissioners would oon-
sist In the approval OF the location 80 far
o. 10 related 10 Its distance from the side
line, Of the streets trAverssd. He then
referred 10 the report that he had sent tie
isttsr already mentioned TO MIR. Coffin.
al want TO SAY somsshing in the pres
encs Of the good people OF this town." he
said. 81 have praotioed law In this state
OF the last quarter Of q century and
was brought mp 10 be gentleman. fnsy
seem over sensitive but was assonished
TO read In the Portland Express . publi-
cation purpor ting TO be q despatch from
II
In the Portland PREeS, declaring that
'it is understood that the South Free
portsrs will present . letter purporsing
20 have been written to the third select
men, who did not approve the extension.
by Mr.. Heath. threatening to make "it
warm for him."
Now" CONTINUED Mr.. Heath. "a
- -,uaa xuvito that swossId Ia
no gentleman and IL would be an insult
for any lawyer to send suoh . letter to
MT. Coffin, whom l have always found
to be gentleman although I could not
mako him agree with my views Of this
case. This rspoit is untrue, put out to
infiame public sentiment In this case"
Mr.. Heath thsn called upon Mr.. Coffin
who also denied the report. He said hs
had resolved no such lettr.
The way having thus been cissrsd, Mr.
Heath presented his argument, reading to
the commission q carefully prepared
brief which dealt with the subjsot In an
exhaustive manner, citing many refer
encss on which MIR. Heath relied In the
support Of his contention. 10 the large
inter estipg as some Of the ether and less
important parts Of the proceedings but
the commissioner and the lawyers pre-.
cent save it their close attention. In
brief Mr.. Heath argued that section five
is to tie now read as II section six In its
present form was originally n part Of
the Law OF 1897. He maintained that the
laws of 1853, 1925, 1897 and 1909 should be
construed as ore act. Such he maintained
would bs the rule II tbs statutes wsrs ID
be oe6ifisd aud IeI ised. As stated above II
this view Of the cese 10 upheld by the
courts, there is nothing In ssction six ne
left by the law of 1s9S that would give
the commissioners power to act upon he
question Of public oonven.en ,e and neoes-
sity in the osss Of road organised ~
specia charter ssekink an extension In 20
an adjoinin ng town. Proof of oom pliancs
with section six in Its prcseut form. he
eaid, entitled ths petitioner to a certih-
cate. The issue of p uhlic convenience In
the cass of company speri lily chartered
is determined by the legislature In the
passage OF the net OF Incorporation. This
Is not the case OF companies organized
under the general law, where ths question
of public oonvenience and necessity must
be dstsrminsd by the commissioners.
At the conclusion OF the reading of his
brief, Mr.. Heath declared: Il stand
upon this proposition. 1 risk my case
upon my Interpretation Of the law. II
your honors rule against our course. go
out of court. II you rule Ia my favor,
the other side have at their command
rul, of law. l think am entitled to
pro forma ruling, because otherwise !
cannot litiaats futther.'
JUDGE FOSTERS REJoINDER.
Mr.. Heath having concluded, Judge
Foster spoke, taking up the objectlons
he had already made and referring to
Mr.. Heath's position. "Now 1 want to
be careful IN what say" he declared,
"becRuss st Is matter of Considerable
importance that a commission composed
as yours Is OF learned men, should have
a case of this kind properly presented
The petition that lies before you is one
OF peculiar Importance, because 1t In
wolves two towns with rights diamstri-
cally opposite. This town of Brunswick
Ia In the territory covered by the origi-
nal charter of 1853. while this town Is
not. We find that the petitioners have
complied with the law sisting to town
covered By the original act Whatever
applies to Freepcrt, II being town ad.
Joining that severed BY the original
act, comes under different code of laws.
We are Joined and parr,ed 10 that town
when they have Joined what they claim
to be their rights under an entirely
different CODE"
Judge Foster argued that notwithssand-
ing the amendment of 1899. the road
must comply with the requirements OF
the law rs IL was when the right was
granted to specially chartered corpora
tions to sxtsnd to adjoining towns. In
1898. 50, up to '97, the whole tenor OF this
law in relation to street railways was
applicabls to those organized under the
general Law. In 1897, tine legislature