Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-01
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Augusta & TOgus Railway Co. where
the board upon denomination of the
matter under consideration adhered
to its former decision that the charter
cd company had no exclusive rights in
any of the streets until such streets
were fixed and determined by the mu-
nicipal officers, and that while the Au-
gusta. Hallowell and Gardiner Railroad
Go. had a right to occupy any or all of
the streets in Augusta when fixed and
determined by the municipal officers,
until this was done Il company organic
ed under the general law, with loca-
ton fixed and determined by said mu-
nicipal officers might be allowed to
make it's location in such streets.
But the board in this last
decision said when the To-
cation is applied for. this company
tthc Augusta & Togus Coz must first
obtain the approval of the municipal
officers of Augusta. as to streets, roads
and ways. If it then appears that
such an approval over the same streets
has been made by the municipal Off
GERS for the chartered company the
Augusta. Hallowell & Gardiner Coz
we shall be precluded from approving
it by the general law of the State.
Section u, Public Laws. 1898, Chapter
26S." And though we then granted the
charter for the road. under the general
law. it has turned out as we then suG-
gested might be done, that the Au-
gusta, Hallowell & Gardiner r. X. Co.
has obtained a location from the NUM-
cipal officers of Augusta and is build
A,ru IN TnpuS
while the new company authorized by
the railroad commissioners has not
built, and cannot build. being prohib-
tied by this statute. as we then sug-
gested.
Now if the decisions of the Board of
Railroad Commissioners are to be OF
any value, they must follow prcce-
, DENTS The doctrine of stare declsls
is as important in proceedings before
the Board of Railroad Commissioners
as it is before the courts: because par
ties who come before the board with
important matters ought to feel that
n decision upon. any important ques-
ton made by the board will stand I'M
til the supreme court has settled that
the decision is erroneous. Otherwise
the ucClSlOHS VI TIC OoeAAU ''oSA ~
| like ropes of sand.
We feel therefore compelled to de-
eide that where a chartered company
has obtaind it's location in the streets
from the municipal officers. no COM
pany organized under the general law
has authority to locate.
Suppose we should hold otherwise
! and should undertake to grant a
charter to a company organized under
the general law, and give il a location
over the streets. roads and ways be-
tween Portland. Saco and Old orchard
where the last Legislature granted n
charter to the Portland Railroad Com
many. and where the municipal OIL
GERS have approved "a location. Would
,ny person believe that we had thai
authority. or would we be justified IN
attempting to do ii?
The attorney for the petitioner stout
IN claims on authority of Citizens
street Railway Co. VS.. Jones. "A Fed
Rep. $40. that the location in tht
streets given by the municipal officers
to a street railway company does moi
bar another company from occupying
the same streets unless the former
company is in actual use of sane
streets. or when its use or equivalent