Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-01

with or without the consent of such
owner of land. the franchise.
In the former case. the municipality
is related to the State as its agent,
invested with constitutional rights as
well as delegated power in regard to
the right to operate III its streets
horse railways, without whose action.
and by Incorporating its consent in
the charter granted by the State. the
franchise is 4 nullity. How can ii
then. be legally and logically said that
that consent which is absolutely nee
essary to the vitality and execution
of the franchise is no part Of the
franchise itsclf?"
And the court therefore held that
the right to create and perfect such a
franchise rests both in the State and
the municipality. ana the consent of
the municipality when granted was a
part of the franchise
The court further says: THE fact
that the ordinance (of the city, when
accepted (by the company creates a
contract between the parties does not
affect this view. The charter of the
company is in a sense just as much
a contract with the State as is the
| ordinance with the municipality" How
does the reasoning of the court in Hi
| nois apply to this case?
The Legislature gave the Lewiston
| Brunswick x Bath Street Railway thu
| right to construct Il railroad in any
! of the streets in the town of Bruins
wick. which might be fixed and dcte--
mined by the municipal officers of said
town. and when this location was APP
proved by the municipal officers il
| 1899, it became 4 part of the franchise
as held by the court in the Illinois
| case.
| But the attorney for the pctitionine
company has filed with the board a
copy of the foregoing vote:
| Voted, That the president and
| treasurer are hereby authorized and
directed to execute in the name of this
company and in its behalf such instru-
ments as may be legally necessary Il
| cancel, surrender and revoke the loci-
ton heretofore granted to this com
pany from the corner of Main and
| Pleasant streets in Brunswick, thence
out Pleasant street to boundary line
between Brunswick and Freeport and
also in the town of Freeport. and t.
| dSSlSil anu ltI!Ii'uisii ~ ti'N 4 V. N'''''
| and Brunswick Street Railway all the
right, title and interest which tins
company has by reason of its charter
or otherwise, to build street railway
on said streets roads or ways, and
the WaterNille Trust Company trustee
under the mortgage securing the bonds
| of this company, is hereby requested
to make such conveyance by way OF
| release. or otherwise. OF the lntcres'
of this company in said location to the
Portland & Brunswick Street RaiiWa!
as may be legally necessary to perfec'
the right of said last named company
to said locations and to relinquish the
same to said company.
| "A true ocpy of vote unanimously
adopted by the stockholders of the
Lewiston, Brunswick & Bath Stree'
Railway at a legal meeting Thereon
| May 9. 1901.
ATTEST, NJ. d. MASON, Clerk
And the said Lewiston, Brunswick q
Bath Railroad Company has filed WIZ
the board in pursuance OF saId vote
a copy of the following deed:
know all men by these presents:
"That the Lewiston, brunswick q
Bath Street Railway. in consideration
of the sum of one dollar to it now II
hand paid by the Portland & Bruins
wick Street Railway, the receip'
whereof is hereby acknowledged doeS
hereby assign and relinquish TO III,
said Portland & Brunswick Stfes'
Railway. its successors and assigns az
the right, title and interest when ih'
said Lewiston, Brunswick q ba,i
Street Railway has by reason vi l'r
charter or otherwise, to build a stree'
railroad on the streets, roads ana way
described in certain location III
Brunswick from the corner OF NAN !,
and Pleasant streets, thence OUT saio
Pleasant street to the boundary my
between Brunswick and rreepo' -
heretofore granted to said Le" -
| Brunswick & Bath Street RaliWa! Ds
the selectmen of Brunswick, ana a,s'
in a certain location likewise hele'or
fore so granted by the seiec.iien %
Freeport, and also does hereby a.,
and release all its right, titie anu ~
terest in and to said locations u "