Daily Kennebec journal., 1900-11-17
THE CASE ARGUED.
l.. W. 4 A. Road Now in
Hands Of Commissioners.
The Maine Central Makes Opposi
tion Through Its Attorney.
ROAD WILL. BE BUILT ONLY AS A
WHOLE.

pe'itioiieiS vi the Lewiston, Winthrop
* Augusta electric road for a location
were given. yesterday morning. before
the railroad commissioners in their de-
pertinent at the State House. Hon
Herbert H. Heath of this city. appear-
ing for the petitioners and Seth NJ
Garter of Auburn, for the Maine Cen
tral the opposing parties. The hear
ing. yesterday morning, was continued
from week ago, when prominent reo-
pie from the places which will be bene.
fitted ny the road being built were pres
cnt, Subsequent to which the commits
sioners with the attorneys and other
interested parties went over the pro-
posed location. Mr.. Heath made Il
clear. forceful presentation of his case.
His arguments We're strong. logical
| and were to the point. and We're the
occasion of much favorable comment
on the part of those present.
There was no such number in at
tendance as at the previous chapter of
the hearing. as no outside testimony
was given, ana then again it was not
generally known that the meeting was
10 be held, since the date of the hear
ing had been changed several times.
rey. made his arguments first. He
called attention to the fact that the
Maine Central has invested a large
sum of money in building ana equip
ping that particular branch OF the
road which would be affected by the
cons tructton and operation of the new
line. and said that the commissioners
We're there to protect the road, since
it is Il question of the whole State and
not particular part of the State be-
ing served.
He spoke of the relations which ey-
listed between the Maine Central and
| The State and said that the railroad
was different from corporations of
other kinds inaSmuch as they are quasi
corporations. He referred to the part
the railroads play in developing Il state
and then spoke OF the small increase in
population of the State during the past
decade. But q small part of this j per
cent. increase in population came from
this particular part of the State
through which the railroad will run.
| He spoke of the small demand of
people from that section of better ac-
| cOmmOdations for travel and referred
| to the fact that the Maine Central had
| been obliged 10 take off the early
morning train which was run some
| time ago since it did not prove pay
| ing institution. Regarding the de-
mand of people in that section for q
road by which they might travel and
have better accommodations he called
attention to the fact that this coun-
try is one where there is n great deal
| of travel and 10 support his argument
| cited the statements of some OF the
| witnesses at the hearing who travelled
| so little they were not able to tell the
| fare from their homes to Lewiston.
He then took up the matter of public
necessity and convenience to n fuller
extent. AS an illustration he said
that a person might cut rates and
make money by carrying the mails
from Boston to New York for cent
| n letter and make money by the work,
| but in so doing they would not serve
| the great ma jority of people who live
| in more remote places. Rather they
| would so work that the people living
| in more remote places would have
| poorer service since the profits of car
rying mails between the thickly popu-
| lated places is used in giving n good
| service to people living in sparseiy
Dopulated communities. The same he
| said is true i'll the case of the railroad
| While many of the people in that par
| ticular section might he benefited by
| the electric road. yet this road would
| take away traffic from the steam road
so that the interests of the public in
all parts of the State would not be
best served.
He then made an interesting refer
ence TO the growth of the street rail
roads in the State The original busi-
ness of the old horse car road. he said.
was to carry people from house to
ihousc and from door to door. Later,
c,me the electric roads giving still
greater facilities but still having the
same duties that they must carry
Ipeople from door to door This pro-
nosad road. he said, is not in the class
of these roads, since it planned to
carry people from one thckiy settieo
community to another. In this par
ticuiar instance, he SAID. ;that tnNie
vere but few people comparatively III
the country places and thal the! oiu
not care to travel is shown by their
not going on the line OF the Maine
Central. He argued, therefore, that
| jblic necessity ana coil< cIiShNc WV
not demand that the road should be
| h,,ilt. This proposed road, he heid
was to be judged as steam roac
since it carried people between COM
!, naratively remote places. and as sucf
,, was 10 be judged as a competing road
He made reference to the decision II
he case of the proposed Gorham roao
which was turned down some years
apo and cited the instance where th'
commissioners had refused a permi
for a location there because 1t wouit
be a competing road.
In conclusion, he recalled the test.
[. mony of the witnesses for the pe'i
/ it;oners and said that their testimony
a,, tended to show that there was ;
necessity for road from Winthrop L
augusta. but did not show that there
was a necessity for the remaining =
m;,es from winthrop to Lewiston.
In his opening. Hon. Herbert NJ
!.