Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-01-11

was amended 90 that when the petition
lur approval of articles OF association is
liN with the railroad commissioners il
must he accompanied by man of the
proposed route. ana the commissioners
are then to determine the question of
pubic convenience.
The amendment of 1899 did not. however.
require any change in the articles of as
SoclatfOn under sections and 2
Inc map of the 'propOSed' route is
only required under section J. Such a
proposed route upon a map is only for
the purpose of giving the railroad com
misSlonerS some general idea of whether
public convenience requires the building
of such road and cannot. and does not
purport to fix arbitrarily the final route
which is determined as provided in sec
ton &.
The filing Of map of a proposed
route does not definitely establish the
route"
\. y. W. S. & z. r. Co.. II Abb. y. cas-.
On. ". $50.
"A map of a proposed route intended
to be adopted BY the company, cannot
control or modify the charter of the
company. And whore the charter or the
articles of association ana the map are
IN conlllct. the map must yield"
Mason vs.. Brooklyn City 4 y. r. Co. s.
a further. and il seems to us a convinc-
ing reason why this construction should
be given this statute. is found in section
=. which reads as followS:-
such corporation out side OF the limits
OF streets. roads or ways for the location
construction and convenient use Of its
road, may purchase or take and hold by
ITS location aforesaid. as for public uses
land and all materials in ana upon IT,
Whenever for any reason it appears to ne
impracticable. to locate such a railway
within the limits of said streets, roads OF
ways. but the land so taken shall not eX-
coed four rods in width unless necessary
for excavation. embellishments or mate
rails: OUT no location outside of the lim-
hal H..
approved by said commissioners unless
II appears to be impractiCable to locate
said railway within the limits Of said
streets. roads or ways.
We can only approve a location outside
Of streets. roads ana ways, when we APP
prove location under section G. and
then notice is always given to the land
owner.
No private property ought to be taken
pr can be legally taken as we think.
without notice to the owner, 50 that he
can nave an opportunity to be heard.
Buff the route can be arbitrarily fixed
in the articles of association. and the
proposed route happens to be outside Of
the streets. and upon private land the
approval Of the articles by the railroad
commissioners. must necessarily carry
with it the approval OF the route and 10
cation across private property, in viola
ton Of section 9.
Because this matter of allowing a loca-
ton outside of streets can only be de-
termined upon petition for location under
-
survey; and then the commissioners
must make it part of their decision
that lit appears to be impra cticable to
locate said railway within the limits of
said streets. roads or ways
To our minds all these objections eX-
list to any attempt in the articles of as
socation to define arbitrarily the exact
route of the proposed railroad. either by
stating the route in the articles or by
reference to any map which may here
after be filed with them. because by ref
Il. tl,..
as strictly defined as by inserting it in
the articles of association; because in
such case the approval of the articles OF
association BY the board Of railroad COM
missioners inevitably seems To carry
with it the approval of the route stated
in the articles. and the charter tn BE-
thercupon issued by the secretary ri
State must necessarily upon its face
mean the same thing.
Ii seems to be plain that the exact
route ana location is intended by section
to he The subject of later action by this
board, after action hy the municipal Of
ticcrs, or upon appeal 10y a committee Of
the supreme judicial court.
In this case. however. m adjudication
upon this point is unnecessary, bccdu$.
we cannot approve these articles Of aSs"-
citation for the reason that the rnut"
named in them due~ not meet our dpPro-
val
The time has come in this State. when
there must be some effort made t. pre-
vent grade crossings ~ electric railroads
with steam railroads. when they can
reasonably be avoided. They ~" very
dangerous 10 the public VINO travel On
cit her road.
We need not call attention to the many
recent occasions where serious accidents
have barely been avoided at such cross
ings both i'm This and other states.
We have made a personal examination
Of the proposed route in the city Of Bid
dtford and we find TWO crossings Of TN"
Boston < Maine Kailroad at grade. on
the eastern and western divisions on
Main street.
There are five tracks ut the western a.
vision crossings. and four tracks ~ III.
eastern division crossing Both are Vti
blind crossings where serious accidents
would be likely to occur. At the one on
NJ western division the rails OF the BoS-
ION a Maine Railroad are laid on 4
curve. the outer rail on each track neinS
made necessarily higher than the inner
rail This. Of itself. makes 4 very n
crossing and would be exceedingly dan
syprol1s On account of the liability 81 an
electric car to derailment. or the ilipiiltf
NJ car being stalled hy the trolley SIP
ping off.
Clients ana Stullings Of electric cars Ht
grade crossings Of steam railroads. but 1t
Iyill serve no good purpose to name them
II. onlv c4Il attention to them for thr
,,Ifrnnse of saving that there is no Sr"a'
,r danger Of accidents 70 trolley catS dIih
trains upon steam railroads. than Is u
able to occur at these grade crossings.
nnth these crossings could nave Dtth
o,sily made overhead by coming into tn"
,ity of Bidderord over South street ~
far ~ Bradbury street. ana ti!eh u""h
Hrldburv street to Main street.
No reason has been assigned why lh'
rnutp we mention was NOT taken, ana II
ra1snn can be conceived by us. why II
w,s thought necessary or even ltaTiplr
tn make two grade crossings 81 the b"S-
Nm a, Maine Railroad on Main stree.
wien both could have been aNoldtd ~
lining into the city over South street.
A.. 10 not decide whether punic con-
,-anierce REQUIRES the building 81 a rnai
fron Saco and Bddeford to l-imerl5A'
.,-pr 4 practicable route. We SIMPLY dc-
cida That public convenience does not r.
ouire the building IF . road over w
rniitn named in the articles ri aSSocld
~, III thp reason before given
Wr have examined both crossings Win
, ,,iaw IN overhead bridges. m "Nerhtd
hr;de,a cannot b" reasonably made M
"ithrr crossing 1t would Involve i NerN
I,rge ,,1tlav Of money and would deslru\
:, iIrge amount Of ahutting property, II
grch overhead crossings were attempted
at either place. ,l,, cro.einc .
o,.or botn eastern and western 'tlNlS'oI'9
aro nozy overhead crossings. ana we clh
500 no reason why il would not DC as
"gINsxS12r