The Portland daily press., 1900-02-21

vanienos and this vas really the main
Issue. In 1890 the issislstnrs sock from
ssstion SIX Of the law Of 1897 that portion
relating to the matter Of puoilo convs-
nisnos and necessity and transferrsd 10 10
section three which deals with the appro-
val of the location. At the time of the
passage OF the arendmsnt, 10 was argued
that this change would make 10 possible
for the main QUESTION 10 be determined.
that OF public necessity, bsfore such
collateral matters were taken mp 90 tn
exact dsteruination Of the route. As
ssos;on nvs. which relates 10 extensions
Of speniaily chartered roads, provides
that they shall be buIls In accordance
with the provisiens Of section six. II Sec
tion six is to be construed rs 1t at present
exists, the requirements in regard 70 the
determination OF public necessity ana
CONVEX isnce having besn transfsrred 20
sec,i n three, the re ilroai comm iFsi ,rers
have notbi,g to do with that matter.
Mr.. Heath took this visu OF the oass.
Counsel on the oppcsiis iits argued that
se,ii,n ,ix was siu 60 be construed ns
oontsiping all the prS,i ions whi,h |;
| of spesially cha, tered roads was included
In the law. As there are many suoh
roads ths point II far rsachio ono. OF
course u appji s only to such roads an d
has ro bea, ing on the status CT roads
eri inaily orsarired under tbs general
| law.
PRELIMINARY SPARRING.
The heai ing was held % the town hall
| and that tui'ding wss crowded to the
doors VIXEN Chairman Peaks OF the com-
| misi5n opened court shortly after ono
| o. clock. Interest In the proceed ings was
keen and the laughter and applause were
| once or tw i,s pretty loud. in fact, the
on pary expressing trsir mitth as q re-
mark made by Judge Foster In such Wig
orous s,yls that Chsirnan Peaks an
nouncsd thas the hearing would be ad-
journed 10 the demopttra'i1n was re-
peated. Laugh all sou want TO aud have
a good fime," Sc ii Mr.. Peaks, add
that. otker demonstrations would put an
epu to tn, procssdi ,gs Mr. Heath
opened his cass by offering In evidence
col 1 CT the peii N of tbs road, oerti-
iies, COZ IS OF the 40, n OF the ssleotmen
of the towns OF Brunswick and Brsepors
APPROVING the %, ceiti dostss from
! the town clerks that the signers OF these
papers were the duly elected selectmen.
plan of the route to bs followed and an
enc 7esr's statement of the praciioali i'y
of the route and an esii nats of the ex'
penss OF constructor. Mr.. Heath and
Mr.. Colin, the selectman or Freeoors
who cid not approve the location made
depi,l OF a report that AFR, Heath had
W. itten to MIR. Coffin lstter Say ag thst
he would make i warm for that gentls-
man IL he refused TO agree to the locs-
iion. Mr.. Heath stated that ho had wIl'-
ten no such letter and Np. Coffin sal
that he hal never ieosived suoh an
ei stle.
| Judge Foster began offs, Ing object ions
| to the proceeding from the moment the
first Paper was ictroducea. He called
| attention to the fsot that in the Petit IN
as p, iated "a the newspapers the date OF
the Incorporation of the road was 81 ven
as 1899, 1t shonld have been 1881, Iii,
objsc; On lead 10 the Introduction of the
horse OF many colors which oncs figured
In proceedings tiken against man ac-
cused of having stolen the animal When
Judge Foster oallad attention to the mis-
print OF the date. MIR. Heath ssid 1t
should have bean 1889.
| Judge Foster-well, l know 10 should,
but it isn't An error Of ten years, may
| it ples SO the court, and we're not obliged
| to 90 back ten years. l want the objec-
tions which l mske, may IL please the
court, roted as We so along. l am not
here for fun, I'm hsre for business.
| Mr.. Heath stated that the date WAS cor
rsetly given In the original petition but
there was no controversy ss to Its being
wrong In the papers. Mr. Heath sug.
gested that the commissioners might rule
upon the matter at that point.
| Judge Foster-I don't think the court
win have to rule on this point before we
are through. l am willing to go on,
| while don't waive any rights because
l want to get at the meat of the matter
MIR. Heath said that he knew the his
tory OF the matter and the error was one
made In copying. To give further notice
would greatly increase the expense to the
petitioners.
Chairman Peaks 1T seems to me this
| is like the case In the 40th Maine where
man was accused Of stealing black
| horse and 1t proved to be red.
Judge Foster-And the court quashed
the Indictment.
| Mt. Hesth--CearteIs are public acts
and do not require proof.
| MIR. Peaks-Then why put 10 in!
Mr.. Heath-I thought 1t better prac-
tioe.
Mr.. Peaks-Well. we'll DRIFT along
| Mr.. Heath then offered the copy OF the
approval of the location In Brunswick
and Judge Foster made another objec-
ton. "ws have nothing to do with the
town of brunswick" he said,. ~ desire
objection noted. "
When the copy Of the approval OF the
Freeport location was offered, Judge
Foster was on hand again. "You may