Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-01
.,,..s the company has entered upon
~. .,reets and partially laid its tracks.

put the author gives as the reason
- the rule which he lays down. a dis
.,rction between commercial railroads
ID street railroads. and says: THE
s-.rchise of commercial railroad is
..,rretual. while that of street rail-
- is of short duration. and that
E -h;,e the commercial railroad has Z
tactical monopoly of traffic, n street
..;,road has no monopoly, for the To-
al authorities may license other COM
,,apies TO construct and operate lines
,,,on the same streets. ETC.
The above statement gives the very
.,,cl reason for the opposite rule in
th;s state as we understand it. because
4, this State the franchise of a street
railroad. under the general law. is peg
,c,ual and the municipal officers have
no authority to make conditions as to
time and cannot authorize another
Company to occupy the same streets.
They have only the authority to fix
and determine what streets shall br
occupied. and il they fail to Go that the
s,,preme court. by appeal takes all
these matters away from the munich
nal officers and delegates that author
ity TO q committee appointed by the
court. .-.-.-
They have authority, under Section
IL 10 make all such regulations as to
the mode of use of tracks of any street
railway. the rate of speed, and the re-
moval ard disposal of the snow ana
ice from the streets, roads and ways.
as the public safety and convenience
NAV require; but this does not in any
ri. 4, hn rirrht tn
as TO the building of such railroad.
And so the charter of the l.. b. g. E.
Railway is perpetual. and there is nov.
no time limit, as we understand il.
We cannot. therefore. apply the rule
in Booths Street Railroads to street
railways in this State.
There have been many suggestions as
to the great powers of the railroad
commissioners in this State. The Legis-
lature has certainly delegated 10 the
railroad commissioners large authority
II is therefore, most important that we
exercise il with great care so that
while performing our duties there shah
be no danger of the assumption of au-
thority which We do not possess
II ought not to be necessary for us 20
repeat what we have once said in 4
decision of this board that the railroad
commissioners are the agents of the
people and of the Legislature. We
have only such powers as are given us
by the Legislature: and when we are
asked to override existing charters
and public laws and decisions of the
courts. we must decline to do it. what
ever may be the result.
I,r+ II
oontendng against this construction of
the statute. seems to have anticipated
such result. for it has obtained from
the l.. B. & Il. +. II. Co. an attempted
release of its rights and interests in it's
location over the streets named in
Brunswick, viz: Pleasant street and
the Portland road Cor Freeport road.
and has filed with the board the follow
ing papers:
Whereas. the Lewiston, Brunswick
and Bath Street Railway has notified
the Undersigned that ii will not build
upon or occupy the location to it here
tofore granted on Pleasant street and
out said street to the boundary line
between Brunswick and Freeport and
mas requested the discontinuancc
thereof.
wherefore. we, the undersigned, Sc
iectmen of Brunswick, hereby revoke
and discontinue said location and quail
ify and confirm our approval of the To-
cation of the Portland and Brunswick
street hallway on the same streets,
roads and ways now on file with the
railroad commissioners.
Dated May 8, A. D.. 1901
c. E. HUMPHREYS,
E. a. CRAWFORD,
GEO. \. STORER,
Selectmen of Brunswick
IL can hardly be claimed, however
that when the municipal officers OF
brunswick have once fixed and detcr-
mined the location of the L.. Il. & Il.
hallway, as they have in this ease,
"hother and later board of municipal
ohicers have any right to withdraw or
cancel it. 1t has been held in several
cases IN New York that they can not.
In fact the attorney for the p2ti-
uoner does not seem to rely upon this
revocation, because he has filed with
the board copy of deed from the
lewiston. Brunswick & Bath Railway
" the Portland & Brunswick Street
i'diiWay, assigning and reinquiskine
10 the Portland & Brunswick Street
halfway AL the right, title and inter
est which the said Lewiston, Bruins
WICK d Bath Railroad has by reason
VI us charter or otherwise, to build
street railroad on the streets, roads
anu ways described in certain loca-
uoil IN brunswick, from the corner O,
VAIN and Pleasant streets, thence out
ndld Pleasant street to the boundary
me between Brunswick and Freeport
heretofore granted to the said Lewis
'oh' Brunswick & Bath Street Rail
way by the selectmen of Brunswick: =
the municipal officers OF Brurs-
WICK can so easily and readily with
uidW and cancel this location, it i
aiiiicult to see what occasion there was
lo' release and conveyance of The
same to the Portland & Brunswick;
street Railroad.
III The Citizens Horse Railway O.
vs. City of Bel!eville, * H., App. @S6
e plaintiff company had obtained d
.hdrter to construct a horse railroad
Al me streets of the city of BeileviilC
SUBJECT, however, to the right Cf The
vi! OF Bellevilie to grant the right
eoistruct in such streets and Gpcl
such terms and conditions as SHAH BE-
ueemed best for the interests OF the