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

The latter company was therefore or.
ganized, and its road was constructed
with full knowledge of Its stockholders
and directors that this charter had beer
granted by the Legislature to the Au.
gusta, Hallowell & Gardiner Railroad Co
We are not, therefore. able to apply tC
the Kennebec Central Railroad Co. the
principle which we recognized in the cas-,
of the oxford County Railroad
On the other hand the Legislature o.
1889 seems to have determined that pub
lie convenience did require an electric
! railroad in the city of Augusta upon an!
street or upon all the streets where tn,
municipal officers should fix location
and that determination of the Legislator,
had been written into the charter of tn,
Augusta. Hallowell Il Gardiner Railroad
Co. before the Kennebec Central was or
ganiZed.
That grant of the Legislature, we takt
it. is in still in full force. and if tn,
board of railroad commissioners as it die
in the matter of the oxford County Rail
road, is to look at the will of the Legis
lature, we most certainly have authority
and precedent to find that public con
venience does require street railroad
| over the route named, and that the Ken
nebec Central Railroad was built will
| full knowledge of this fact.
We have no doubt that a street rail
road from Water street to the Insane
| hospital would be a great public con
venienCe.
We are 50 much impressed with this
/
has not been constructed before.
We do not feel so certain about thu
other portion of the road to Togus. Q
| course IL will be convenient for SOM
people-to many people who desire to g
| there from Augusta. We cannot take int
consideration the convenience OF the PEG
pie at Togus. because the inmates OF tn
| Home are all subject to the orders o
| the officers of the institution, and th'
latter seem to object to the building o
the road in any event
| We can not however, feel that Sucl
road will be so prejudicial to the inter
ests of the Kennebec Central, as the at
| torneys for it claim.
OF course the kennebec Central Rail
road will lose something in passenger
traffic by the building of the proposed
road.
| That cannot be avoided: but the Cen
trail does not serve the same community
| that the electric road from August
| would serve, because it cannot.
| 1t is six miles from Augusta to Card
| ner BY steam or electric road and iiv,
miles from Randolph to Togus by Ken
nebec Central Railroad.
| When we add to this foot passage
| across the bridge from Gardiner to Ran
dolph, of a half mile or more. II Is seem
| ingly much longer route than ought t6
| be necessary for a person to travel IRON
Augusta to Togus.
| Objections are often raised to the use
| of narrow streets and bridges by electric
cars and when such objections have beer
| made, we have taken that matter into
consideration in determining whether
public convenience required the building
| of the proposed road.
But If there is any one fact established
by the history of society. and the new
conditions growing out of 1t, 1t is thai
the mode or manner of exercising the
easement in our public streets, is expan
sive. growing and developing as civiliZa
| ton advances.
easement is not limited to the particular
methods in vogue when the easement wa.
acquired. but includes all new and i'm
proved methods, the utility and genera
convenience of which may afterwards be-
discovered and developed in aid of the
| general purpose for which highways art
| designed.
And so it has come about that the con
ventional method of travelling in tht
| streets by horse and carriage mas TO {
| certain extent given way TO the bicycle
| to the electric car. and to the automobile
| 1t is as impossible to ignore these new
methods of travel. as it is to ignore ant
| attempt to discard the telegraph and the
| telephone. Neither can We ignore the in
| creasing demands of business and pleas
ure. for rapid transit. Our people are q
growing people. They do more bushes:
than they formerly did ana they DO II I'll II
| less time. This gives more time fol
recreation, which they are more incllnet
to take. and OF which they are much II
need.
deemed only collateral to the issue here
presented but we consider them lmpor
liant in consideration Of the increasing
requirements Of the people As clNllizauol
! advances.
| These matters should all be guarded by
"A strong and fearless determination - dt
no harm to vested rights. and to see t
it that existing interests shall not need
lcSSlv or rccklessly be allowed to suffer.
OF course no fixed rule can he laid dowr
by which the board Of railroad commis
sioncrs can be absolutely governed. We
must in each case look At conditions rs
they exist and as they may arise Inest
conflicting interests make 1t often dlf1l
cut to decide these questions entirely sat
isfactory to parties Interested. But w
cannot escape the performance OF duties
imposed by the Legislature, and IN IN,
performance of those duties we can only
give to matters dillEent consideration
and our best Judgment.
There is legal objection to the grant
ing of this petition, however. raised ny
the attorney of the Kennebec Central
abroad As has been stated, the Augusta
Hallowell * Gardiner Railroad ny us
charter has a right to build and may
build its road over any street IN the clty
Of Augusta and over all OF the streets
embra ced in the proposed location
BY Section 10 of its charter. NO other
corporation or person small pe PEI mn ttu
to construct or maintain any railroad tor
similar purposes over the same streets
as may be lawfully occupied by TINS cor
poration.' ,.,
The counsel for the petitioners appar-
emily comedies that before this new cor
noration can have any rights In the
streets Of Augusta. the Augusta. HALO
well & Gardiner Railroad Co must re-
lease to the new company all its rights
under it's charter, over the route proposed
by the new company: and such reieaSe
has been attempted by the board o. dl-
rectors of the Augusta, Hallowell q Car
diner Railroad Co.
But the counsel for the kennebec Cen
trial Railroad Co. contends that such a re-
lease on the part of the Augusta Hailo-
well & Gardiner Railroad Co. is ultra
wires because by Section II of its charter
il is provided that The said corporation
shall not assign its charter, directly OF
Indirectly or any rights under H. leaSc
or grant the use or control or Us ROAD OF
any part of it, or divest ltsell ihereoi
without the consent OF the i-eslsldlure.
This is an important question, ana one
ahnut which there may be dlHereiiceS VI
onjnion. we do not think that any re-
lease by the directors of the Augusta
,UalIowell & Gardiner Railroad Co, TO tne
nroposed new company. OF any Oh us
riphts under its charter. is of any force
or effect whatever. The bylaws OF the
company prescribe the power Oh the III
rectors as follows: ~ -, \. ~, a.
rectors and treasurer to superlntend anu
direct ,he business Of the corporation, IN
al tic departments. To this end the oil,
rartnrs shall have power to purchase ana
coll ar cause to be purchased ana sold'
sunb real estate and nersonai property
and 10 erect such buildings and machln-
cry. and purchase or lease such power AZ
they NAV think proper. Inc directors
NAV authorize the treasurer 10 hlre suCh
sums of money as they may deein neces-
sarv for the use of the corporation; pro-