Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-06-07

| that some action by the Augusta, Halo
well & Gardiner Railroad Co.. either by
| its stockholders or board of directors, is
necessary, before the board of railroad
commissioners has authority to allow
road organized under the general law TO
occupy streets within the limits of the
| charter of the existing company.
| This same question was before the
| board in the matter OF the Cape Elizabeth
| Street Railway Co. printed in the report
of the commissioners for 1895. on pages
| $3.50. The matter was then complicated
| by different condition-two existing
| charters. one under the general law and
one under a special charter and the com
| pany organized under the general law had
| petitioned for a location, and decision
! by the railroad commissioners that public
| convenience required the building of its
| proposed road.
Since that decision. the Legislature has
| amended the general railroad law by
p l.. 1889. Chapter 119: 50 that the ques
| ton of public convenience is now more
| logically determined before the corpora
| cover that this amendment makes any
difference in the construction of the stat
ute upon the question here presented.
| In that case the chartered company had
! released all its rights to ii location in the
| streets of cape Elizabeth. to the company
| organized under the general law, aud we
| held that it had a right to do so, because
authorized by its charter. ana we allowed
! the location Of the new road under the
| general law.
| If the charter of the Augusta HALO
well ~ Gardiner Railroad he construed 70
| give it an absolute right to Il location in
! all the streets Of Augusta. then 1t would
seem that they must release That rlEn.,
| before the new company could occupy
| them. But if Section Is of its charter pro
hbits it. then such release would be ultra
| wires. ANA void.
But we cannot concede that the new
company has no rights until the old COM
pany has released.
The Augusta. Hallowell & Gardiner
Railroad Co. has no absolute authority,
l.uIpr charter to OCGupN any OF tUt
streets in Augusta on the east side Of the
river. until fixed and determined by the
scented TO in writing by, the Augusta Hal
lowell & Gardiner Railroad Co
we said in the Cape Eliza beth matter
above referred to that the c ,,a r,r req
in South Portland until the location is
fixed and determined by the municipal
company" and that the exclusive right
is only in such streets as the company
has occupied or upon which its location
has been nxed and determined by me
municipal officers" And further that 1T
will hardly he reasonable construction
of the charter that because OF IT, any
corporation organized under the general
law of the State. snail be forever r stiu'
land and Cape Elizabeth. because lne
chartered company might thus forever
prevent the building Of hi,i street , Tslfo'u
we further said: I'VE do not believe me
I.cpislatIre ever intended to 50 nullify
the general law of the state. We pre dr,
10 believe that every statute and every
charter enacted ny the Legislature Is to
be construed in the interest of the Whole
neonle That while : person or corpora
lion may properly be protected by the
granting OF exclusive rights, no construc-
tion ought to be put upon such leglsiati
as will prevent everybody else from uot,5
what such person or corporation may ran
to do. in the way of great pubic enter
priSeS. 80 o,,r
decision in that case. We are 1uliy con-
vinced that our decision was right, ana
that we must apply 1t to the case uiluei
consideration. c.,d,,.r
Railroad Co does not desire to extend It's
road upon the east side of the river. as IL
evidently does not. and If the position
that the latter company cannot reieaSe
&c tights to others who desire to build
is correct the result must be that no
road can be constructed upon the easI
side of the river in Augusta, however
much the public convenience may require
II we cannot subscribe to this interpre-
tation of the charter. We prefer TO ad, ,
here to our former decision, ana h9lu
I've rights in the streets. until they are
fixed and determined by the MUNICIPAL
officers. and accepted in writing by the
company. . :. ,,os Gov This
company must first obtain the approval
Of the route to streets, roads ana ways
by the municlpal oliicers o. Aus uar%
II then appears that SUCH an approEa "a,
n,-ar the same streets has been made by
the municipal officers for the chartered
company; We shall be preGilud1 e from ap,
ptota Saction 10. p l.. 1898. Chapter 263.
st our finding ending therefore is that the arti,
clos of association are in compliance with Win
Sactinns and 2 of Chapter 263 p. l.. 1893.
oeo amnnded. and that public convenience
a. Aces s'' require the construction of the pro-
nosed road as prayed for:
Dated at Augusta, this 9TH DAY OF JUNE
a. ~ A' JOSEPH p. PEAKS,
BENZ. F. CHADBOCRNE,
| Railroad Commissioners of Maine.