The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-02-09
YORK COUNTY ELECTRICS.
r. r. Commissioners
Turn a Line Down.
The Atlantic Shore Line Granted
Charter.
Saco Valleys Charter
Has Lapsed.
Some Pointed Remarks by the
Commissioners.
ESPECIAL TO THE PREss.l

ESPECIAL TO THE fREss.1
Biddeford, February S.-The Maine
railroad commissioners have turned
down the projectors Of the Biddeford,
kenuebunk and Wells electric railroad,
and approved the articles Of association
of the Atlantic Shore line, from Bidde-
ford to York Beach. Their decision also
embodied q statement tending to show
that the Saco River electric railroad
from Saoo to Standlsh cannot now Do
built, for the reason that Its charter has
lepsed.
The report Of the commissioners was
submitted here today at a meeting which
purported to be hearing on the petition
Of ths Bidderord, kennebunk and Wells
railroad company for an approval OF Its
articles of association. The report, which
was read by Commissioner b. II. Chad
bourne confirms some sarcastic allustions
which ths audiencs listened to with
rap attention. The report was as fol-
lows:
Upon the foregoing petition. notice
was given as ordered, and the board met
at the common council rooms In the city
OF Biddefo I'd on the 22d day OF Novem-
Der, 1899.
. Mr.. James U. Bradbury and Mr..
Charles s. Hamilton appeared for the
petitioners MIR. Herbert n. Heath and
Mr. II. j. Allen appeared for the Sanford
and Cape Porpoise railway. Mr.. j. W.
Symonds and MIR. Ii. b. Clenves Ap-
peared for the Boston and Maine railroad.
Messrs Fairfield and Moore appeared for
the Biddeford and Saoo railroad.
The matter was then continued until
the 9th day Of January, 1910, and was
again continued until the sth day Of Feb
ruary, 1900.
This is q petition asking the railroad
commissioners TO approve the articles OF
nized for the purpose OF building an cleo
THO street railway from certain point
in the city of Biddeford to Wells village,
through the towns OF kennebunk and
kennebunkport, and to certify that feo-
tions l and 2 of chapter 26s OF the Pub
Ito Laws of 1898 hAve besn complied with;
and also to find that public convenience
requires the building Of said road.
Numerous Obi 'ctions have been made
to proceedings, like these:
1t has been commended by learned coun-
sci that it is within the jurisdiction Of
the railroad commissioners TO determine
whether the subscribers to said capital
stock are responsible parties within tbs
meaning Of section 9, and whether the
five per cent has been paid In cash, and
construct, maintain and operate said rail-
road.
1t is undou btedly the policy OF the
stats, as expressed by various provisions
of the statute, that parties to whom valu-
allie franchises are given under the gen
and shall intend In good faith 20 con-
struct and operate the road, when the
charter lie obtained, and not to hold IL for
the purpose Of speculation, or to hinder
and delay those who might otherwite
obtain @ charter and construct railroad.
With this objsot In view, the act Of 1898.
chapter s6s, authorizing the granting Of
chatter by the railroad commissioners.
provides by section that: "If any
CORPORATION formed under the foregoing
section, does not within three years az
ter Its articles Of association are tiled and
recorded in the Office of the secretary Of
state, begin the construction Of Its road
and expend thereon ten per cent Of its
capital. its corporate existence and power
shall cease"
chapter BOZ, the general law was amend
ed by this provision: "The organization
Of any corporation which may be hereaf-
ter organized under any general law
OF this state, becomes null and void with
In two years from the day when It's GER
tifioate Of incorporation has been filed In
the office of the secretary Of state, unless
such corporation shall have commenced
actual business under Its organization.
So that In addition to all the require.
ment now made by sections and 2, II ia
provided that when said articles OF asso-
citation are approved and filed In the
office of the SECRETARY Of state. they shall
become null and void unless suoh corpo-
ration shall have commenced actual
business under Its organization, within
There Is therefore great force in the
argument Of the learned counsel who
raised these objections, and yet We can.
not believe that the legislature intend
cd to put upon the railroad DOM mission
ers the duty Of asoertainiug whether or
scattered as they may be over several
states. are financially able to fulfill their
contracts.
ON the contrary, the statute seems to
MS to put that duty on the directors
named In the articles Of association, and
their affidavit seems to US to be all that
is required to make pri'aa facis proof OF
that fact.
1t Is undoubtedly true that such an
affidavit, when made by men Of integrity
and Of strict business habits, would car.
~ great weight, and would seem "strong
as proofs OF holy WRIT" but when made
by men OF loose moral tiber. aud Of NO
fixed business habits OF character, would
be written In water" and mean nothing.
The good faith which the statute re-
quires..of parties to construct, maintain
and operate" road, Is also often OF IN
certain quality. To one mans mind such
an affidavit may seem an honest inten-
tion TO do what he agrees to; while to
some other and different men, an affi-
davit may he used as ample veneer to
cover unworthy motives and as q substi-
tute for houest intention.
OF course the high standard Of faith.
which Ii defined as "ths substance Of
things hoped for, and the evidence Of
things not seen" can not be expected In
should not be wholly satisfied with mere
form, when the substance may be entirS-
ly lacking.
But Notwithstanding these considers
lions, we have heretofore held, and do