Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-01-11
ELECTRIC LINES.
Commissioners Give Decisions
on Two York County Cases.
They Approve Of the Road from Wa
terboro to Limerick.
nI D'sapprove Articles Of Association Of The
Bidde'ord TO Limerick Line.

| 80 NdSeS oH WHICH tne deri
aiohS were made were two of the peti.
ions emanating from Bddeford, tn
one the York County Electric Railroad
ASKING FOR permission to construct \
me of railroad from BidGeford t,
WATERFORD and Limerick and the othn,
| The petition Of the York County Cen.
tral Electric Railroad requesting per.
| mission for approval of articles of as.
ISOLATION of "A company to construct 2
| line OF electric railroad from Water
boro to Limerick.
On the former petition the request
was refused and the reasons are giver
| in detail. On the second the reuues
| was granted and the two towns viii
get the railroad, which is deemed .
publc necessity. On the former tho
| articles Of association We're defective t
a great extent, and among other things
included defined description of the
route. To have granted the request OF
articles approving the articles Of asso-
citation. would have been approving the
location at the same time.
Thus two more Of the York County
Railroad schemes are disposed of fol
to tine the ona to a fate unknown
: t may appear in new form. and
the other to go on and lay out its loca-
ton which can b. approved or disap-
proved by the commissioners later.
The other petitions are pending be-
fore the board who have nothing to do
on them until later in the month when
the postponed hearings will be held.
The decisions are as follows:
YORK COUNTY ELECTRIC RAIL
ROAD CASE.
In Board Of Railroad Commissioners.
The articles of association having been
presented for approval, with petition Of
the directors named in said articles. no.
tice was ordered for hearing upon the
same at the common council rooms in
BiddefOrd on the twenty-Second day of
November. \. ID. 1899, ut nine o'clock in
the forenoon. Notice was given as Or
dered. and the following parties APP
peared:
The petitioners were represented by
Mr.. ]. Q. Bradbury and Mr.. Charles 5.
The Boston and Maine Railroad Com
pany was represented by Mr.. II. +.
Cleaves. and Mr.. j. w. Symonds.
The Biddeford 4 Saco Railroad was
represented BY Messrs. Fairfield ana
Moore.
NJ Higgins, Charles D. Moulton, William
W. Mason. Samuel B. Thombs, all OF
Limerick. ana W. X. AnthOlnS oil IOIt-
land, claimed to be interested parties, and
were made parties of record. and ap-
peared by Mr.. Frank NJ. Higgins and W.
r. Anthoine. their attorneys.
The matter was then adjourned until
Friday. the Sth day of December, a. ID.
1899. at nine o'clock in the forenoon, when
all parties who appeared were heard, by
counsel and witnesses.
This Is a petition for the approval of
articles of association for an electric
street railway from Saco and BiddetuId
to Limerick, through the towns Of Ly-
man. Dayton. Hollis. Whterboro and
road commissioners to find that sections
one and two of chapter 26S of the Public
Laws Of the State Of Maine, y. d. 1888,
have been complied with. and to also
find under section 8 Of sIid act, a.
amended by chapter 119. Public Laws of
1899 that public convenience requires the
construction Of the road named in said
petition.
These articles Of association embrace
an that il required by sections one ana
two and much more.
Section one requires that the arf'tleS ~
association shall name the places, citte9
and towns from which. in viii i'm. and 70
which. the road is to be constructed.
maintained and operated
These articles Of association not onlE
do that hut they also state the route hN
streets. roads and ways over which the
said railroad is t. be constructed, AZ Ie-
quircd by section i.
think the route should not b. 50 state"
First. It is not required hy sections !
and :.
second The route a. to streets, roads
and WAYS must be approved by the mu-
nicipal officers Of cities and towns, ul-
der section 8, ana If such muh'cluIl ~"
ficors do not approve 4 rou." 1hi pa
ton. Or such route is not trrrpfhi ri
the corporation. then SAID CORPORA ne !
may appeal to the Suprr'n- Iutlcl1l
court which shall appoint a committee
who shall fix ana approve SucH lprte ana
location So that if Tire r"hi" can re-
arbitrarily fixed i'll tho articles W a-so-
citation ls is done in tl'+ asa. 1t l. o11-
ficult to understand what the supreme
court or the committee appointed by ~
can have To do with determininS the
route a. provided in section =. Ne san
hardly believe that the Legislature IN
tended that the powers OF ne Nhffe'hr
court. upon appeal, should ne :" fl'lA
DISPOSED Of.
Third. because If the articles Of a@so-
citation fix arbitrarily the route ~ IT.
railroad as to streets. roads ana way :
and the articles are approved ~ the RAFT
rnad commissioners. they must then nt
filed with the secretary of stat. ana :!'t
certificate. under section J. must siN'
4 description Of the road. 7nd ~ course
NUT !.Vc the route named in th"m-
If this route could afterwards pt
changed by the municipal otl"trS or Il
committee. acting under sectl1n + ~
should find the anomalous condition 81 i,
charter over one route with r"}h hHH'
over another and entirely different route
Fourth by section of the ACT IL
amended ii is provided that m roa'
shall be located under this act, over any
ST.. Of in any city in this state. W'tnou'
| mo permission Of the mayor ana older
men thereof unless it Shll bt ptn"rNl@,
determined by Il committee OF Judges 81
| the supreme judicial court. - appeal 4;
| i rein before provided for @pp"alS ron
| the ,.t cisions of the board "t riHto =
rnmuis eioners. ana such appeal may I
| taken " any party interested, iHtlhit =
an existing street railroad CLAIMING L p'
| IN iuri1uslv affected by such lor1Gnil, u
~ euIreme judicial court. :GbSt tntitlA
! in mo manner and With the @liec- n
| tereinbcfore provided.
| This matter can only be adJlldtcdt''
uben the petition for location i a2te'
| man under section s; and If "" are u
| .'nir.,ve these articles now, We must az
| nr6ye the route over the SUr"etS - VT
| rrities Of Saco x Biddetord. WithIut ny
| commission of the mayors AMI aldrf:NeH
| h Main violation Of this sc"t'on; "ec.iu;;
~, W. ne mission of the municipal )ihc"rs II
! li,ber CIV has been filed win u. and W.
~ not aware that such pcrmlSa!"h ma
| been obtained .,.. .- -.
| .,,;.ti,n NAV contain Mates a'tdtt''l'''
| 80 hose REQUIRED by statute. and the fd'
t1at thev include more th1n the N" III
inws dos rot render the crrIrt"lnn II!
,.oIid if the excessive pat can D. reJec-