The Portland daily press., 1900-02-21

town having entirely different rights.
Why, suppose should move into the
town OF Fresport and shouid take iik-
ing to this town hall, and should enter In
| TO an agresnesnt with an arohitect 90
build me hall like II. Then suppose
that sfx months aftsr the town Of Free
pert should put up. brick building cost
ing $1,000 or $4,000. Would the court
say that the language in my contract,
saying 'as now ooniructsd, meant that
/ must build . br1ok building. Would
your court require iti Good heavens and
earth. (Iaushter.)
The horse OF many coiors again amhled
into the argument at this point "I
did not press my first objection" ssid
Judge Foster, "bsoause wanted TO dis-
euss the main question, although the
olurt has decided that the man VITO was
accused Of stealing Q white horse initssd
Of q red enc could not DO convicted. They
have evisosratsd the law. They ha We
taken wtois page out OF IL and put 10
In somewhere else. The right Of the pso-
pie 10 appeal has been taken away, bat
they haven't taken the right of ths rail.
besn n taken from the people of Brunswick.
IL hasn't been from the PEOPLE OF Free
port, thank heaven. They omitted 20
amend section may It please the CONT.
They forgot TO carry their little scheme
far enough. tell you 10 does take
some study to get into these schemes
to set TO tie depth OF the deviitry.
, "what's my next objectioni They have
put in q plan and line. TIE statut,
fays q map and . routs.'
Mr. Hesth-You needn't argue that,
Brother Foster. because II the statute OF
1877 applies am all wrong.
NOW I come down to something not
In the statute" continued Judge Fost,r.
'Ttat calls TOR written approval OF
tbs rorts. hold In my hand writing
which says it is grant They hAven't
approved It. There isn't ths word an
proval In thss paper. 1t must be In the
paper and 1t Isn't there. 1t doesn't mean
a grant, a giving away OF the rights OF
the psople Of Frespors. / want to reiterate
this and impress It that this 10 another
OF the fatal objections in this case."
Judge Foster read the paper signed BY
the selectmen, alludinR particularly TO
the agreement to run a branch line {,
South Breeport. "They may have signed
that" he declared, "teisvine that that
paper. with that snapper bound the road
to build that line. 1t Isn't worth the
paper 1t 10 written on. I'll put them
on the stand and ask them what they
thought when they signed. did you. Mr.
Kendall, bslieve that that bound the road
to build that branch and II yon say
yes I'll show you that you ars mis-
aiken. And II you didn't believe 1t, you
cheated three q uarte1s of the recplo of
Freeport. and I'll show 1t. The roai
binds itsslf TO build a branch. Blinds It.
silt to whom? Could you ses on that
agrcsmsntp There must bs n promises
when you make promise. Who have
they promissdP Well, I'll look and sse
They've promif Ell themselves. (Lnus h
ter II they built straight line to va
mouth, they could snap their fiDgsrs ana
say We didn't Tromiss anybody. Oh. It's
I ridioulous. III 60 fu,ther. IL the read
gave bond OF $50. oOo 1t would be wcrth-
less. There's no statute which autho-
r the sale Of franchise, the swap
p..s Of franchise for somethinq eise
Who could sue them on such bondf"
MIR. CARTER TAKES A HAND.
At the conclu, ion Of Judge Fosters re-
marks. IN which he qutt,d many de-
oisions Of the courts. the comm ,ssion took
recess while they consulted with the
counsel as to further proceedings. 1t
Was decided that Mr.. Carter should
speak and that Mr.. Heath should make
a rejoinder TO the gentlemen who OPP
posed him. MIR. Carter made only few
remarks. He said that n question of the
Importance OF that raised by Mr.. Heath
was not one to be lightly approached.
He dc sired to call Httention OF tie COM
mission at this stage Of the osse only to
a few of its aspects. He argued that
decisions Of the cour were to lie used
only in connection with a study of the
intent OF the trainers of the laws which
were 10 dispute. Tracing the history of
railway legislation In Maine since the
passage Of the general law Of 1898. Mr..
Carter said that the question of the sx-
tension of roads such as this should bs
examined with reference to the general
plan of railway legi slation as developed
in th,se several acts. He argued that
In this view Of the case, the amendment
Of 1899 was not passed with view to
allowing the oOurse pursued by Mr..
Heath. The amendment was made to
simplify the proceedings befor, the com.
missionsrs, but not to relieve the railways
organized under special charter from any
Of the requirements placed upon them
by the law Of 1897. and in ths proceedings
looking to their extension that Law
saculd be followed As 1t then existed.
A SPIRITED FINISH.
MIR. He ath's reply to the arguments
advanced by Jrdge Foster was spirited
one. He reiterated bis position that II
his main contention was wrong he had
no standing In court. Regarding the
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