Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-06-07
PETITION GRANTED.
Railroad Commissioners Ap-
prove Augusta-Tog Road.
/. Permit Of the Municipal Officers Only
Thing Lacking.
public Necessity AMI Convenience Requires
the New Line.

thing now necessary is the permit of
the municipal officers. The news that
the petition had been granted was on
the street, late yesterday afternoon,
and everywhere was received with the
greatest satisfaction. The only ques-
tion asked was: will work be COM
menced at once?" The commissioners
have gone into the road in every detail,
40 that the decision is of the greatest
value not only locally but also in
forming a basis for future acts of the
commission. In fact, the report is re-
garded as one of the most important
that the commissioners have handed
down for some years. The report in de-
tail is as follows:
State Of Maine-In Board of Railroad
Commissioners. Present, Commissioners
Peaks and Chadbourne.
Upon the foregoing petition, notice haV-
ing been given as ordered, the board met
at the railroad commissioners' office IN
the State House at Augusta, on the goth
day of May, A. d. 1900, at 10 O'Clock in
the forenoon, and thereupon adjourned II
the Senate chamber in the Capitol.
the petitioners.
Mr.. l.. C. Cornish and Mr.. T. J. Lynch
appeared for the Augusta, Hallowell &
Mr.. A. NJ. Spear and Mr. A. C. Stilphen
appeared for the Kennebec Central Rail-
road Co.
Mr.. John Marshall Brown appeared for
the National Home for Disabled Soldiers.
The main question to be determined in
this proceeding is whethe- public con-
venence requires the building of an cleo
trio railroad from Water street in Au-
gusta to or near to the Soldiers Home,
so called. in the town of Chelsea.
The articles of association and a plan
Of the proposed route locate the road,
however, wholly within the city of Au-
gusta.
ter are made in writing, by Mr.. John
Marshall Brown on behalf of the board
of managers of the institution known as
the Soldiers Home at Togus. 1t is
claimed that the present facilities afford
cd by the Kennebec Central Railroad are
ample to supply all the requirements of
the inmates and officers of the institu-
ton: that the inmates are not supposed
to travel very much, and that such a
railroad as is here proposed would give
the inmates an opportunity to spend un-
necessarily the little income which they
receive from pensions; that it would
serve to make the discipline more diff
cult, and be a menace to the interests OF
the institution In many ways
1t is also urged by the kennebec Cen
trail Railroad Co. that its road now fur
nshes reasonable facilities for all travel
to the said Togus Home. even from the
- city Of Augusta, and that most Of the
travel by the proposed electric road if
constructed, would be simply that OF
sightseers and people 'On pleasure bent,
and that It would serve no public CON
venienCe.
The Kennebec Central Railroad co. also
contends that the proposed road would
be in some ways and to some extent 4
competing road with the kennebec Cen
trail in effect serving the same people
and that 1t is and has been the policy OF
the board of railroad commissioners 10
refuse a charter for railroad, which Is
TO serve the same purposes of a road a.
ready existing; and its counsel cites the
decision board
petition for location of the oxford
County Railroad from Rumford Falls to
Bryant'S Pond.
1t is contended however by the petit
TONERS that the public convenience OF
the people of Augusta. the capital clty OF
the State and of the many people III
other portions Of the State who come
here on business, requires the constitute
ton of an electric railroad on the east
side of the river in Augusta, to the In
sane hospital and further east near the
Togus Home. That no good reason can
be assigned why the people of Maine and
of its capital city should be : hut out
from whatever conveniences such road
. would be to them, although all the re
Qurements of the Home may be reason,
ably served BY the kenncbeC Central
Railway: and that a large number OF
people would patronize the proposed
road who do not and will not travel by
the Kennebec Central Railroad. because
route from Augusta to TOgus-
These claims upon the one side ana
upon the other are important, and de-
serve careful consideration.
An examination of the decision IN the
matter of the oxford County Railroad,
decided by this board on Oct. 30, A. ID.
port Of that year. will disclose that the
principal reason given by the board Tor
disallowing that charter was the inter
probation which the board put upon the
act of the Legislature in relation to the
Rumford Falls & Buckheld Railroad:
In 1857 the. latter road only extended to
Canton; and In January of that year
company was organized under the gen
eral law to build a railroad from Bry-
ants Pond to Rumford Falls. certain
with. or 5i' lease "a its s right to the Grand
Trunk Railway. and to issue bonds to
build Its road. was granted by the Legs,
lature of that year to the new rOau
known as the Rumford Falls, Andover &
Rangeley Lakes Railroad Co.
But that act contained special proyl-
sion that if the Rumford Falls & Buck
field Railroad Co, then having its ter
minus at Canton, should extend its rail-
road to Rumford Falls before the lst day
Of January. 1858. the authority given TO
the new company should become null and
void And the board OF railroad commls-
sioners construed that act to be in erect
Legislative declaration that If the KUN
ford Falls & BuCkhed Railroad %
should extend its road to Rumford Faiis
before Jan. l, A. d. 1855, 1t should not be
hampered by competing line from Bry-
ant Pond.
The Portland & Rumford Falls Railroad
GO. afterwards succeeded to all the rights
OF the Rumford Falls & Buckfield Rail-
road, and extended the line from Canton
to Rumford Falls. expanding large
amount in 50 doing; and the railroad
commissioners felt bound TO recognize
this Legislative intent so clearly SHOWN
In the act of 1887.
How can the principle here enunciated
De applied to this matter?
BY an act of the Legislature, chapter
So. Private and Special Laws of 1883, an
proved March 8. 1889, the Augusta. Halo
well & Gardiner Railroad Co. was au-
thorized to construct maintain and use
an electric railroad from such points N
me city of Augusta and Halloween. ana
through the town of Farmingdale. over
such streets and roads therein as might
rom time to time be fixed and deter,
mined mined by the municipal officers of said
StItles and towns. and assented to in writ
Hg by the said corporation.
lnere would seem to be no doubt that
f1laer this authority so granted by the
legislature the Augusta, Hallowell x
HSarQlner Railroad could then have been
uullt or can now be constructed. over
any streets, or over all of the streets in
.h 9e city of Augusta. whenever the NUM-
cipai officers shall so fix and determine