Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-14
STATE HOUSE.
All Day Hearing Before the
Railroad Commissioners.
On Petition Of Franklin, Somerset
and Kennebec R. R. Co.
Election Of Colonel Of First Regimen. viii
Take Place, Today.

or railroad commissioners. yesterday
on the matter of the petition of the
FRANKLIN. Somerset & Kennebec Rail
road Co., for connection with the
Maine Central and Sandy River roads
IN the town of Pennington. Herbert
NJ. Heath appeared for the petitioners
Seth NJ. Carter for the Maine Central
and Leslie c. Cornish and F.. T.. Tim
bcrlakc for the Sandy River Railroad
Co.
The Franklin, Somerset & Kcnnebee
Co. represents that by it's charter it is
authorized to build and operate a line
| commencing at point in Pennington
at or near the terminal track of the
Sandy River and Maine Central COM
panies. through Pennington, New
Sharon. Mercer. Rome, Smithfield
Belgrade. Oakland and Waterville, to
the city of Waterville. 1t has filed its
location with the county commissioners
of the counties through which the
road would pass and claims that it has
a legal location from the south line OF
the station grounds of the Maine Cen
trail In Pennington through the towns
above named to Watervillc.
The petition states that the legisla-
ture granted the right for the road to
make physical connection with the
terminal track of the Sandy river
road and the Maine Central. The
Maine Central has refused to permit
the petitioners to enter the station
grounds and has torn up the tracks
laid thereon.
The petitioners claim that by their
charter the road may become, by law
a connecting road with both of the
other lines and may receive from them
equal facilities and dispatch in the
transportation of passengers and
freight.
Attorney Heath cited many passages
of law applicable to the case and said
that there was but one issue-whether
or not public necessity requires the
granting of the petition. He said that
| every narrow guaGe road entering a
Maine Central yard had no legal right
| but was there by sufferance and that
| the tracks of the Sandy River road
| legally end at the northern end of the
| railroad station but it runs the length
| of the yard.
He said that it made no difference
what the promoters or attorneys said
the charter should be construed as a
contract. Here is a narrow guage
system connecting with the Maine Cen
! trail Railroad and having legal
terminus at the passenger station
And here is road chartered to go from
WaterviHe through prosperous towns
at present without railroad facilities
into Pennington at or near the termi-
| IL. ~e Ca,. t,n1 Il
Sandy River roads. Mr.. Heath said
| that the legislature meant that if the
road was built of standard guage il
| should have connection with the
tracks of the Maine Central and if OF
narrow guage with the tracks of the
Sandy River road. He said that was
the only reasonable and fair interpreta-
ton and 1t should be Interpreted in a
maj ner fair to the people of the State
and not in behalf of any corporation
He said that 125. 900 people were inter
ested in the construction of the road.
1t is very unfortunate. but it is
true, as you all know" said Mr.. Heath
that the railroad laws of the State
have been built up by the steam rail-
road men themselves and power has
| never been given the board OF com
missioncrs to make compulsory con-
nection between roads. This road Is
expressly authorized by the legislature
to begin it's tracks at the yard and al
the track of the Maine Central and the
word track as used in the chartel
means a legal track which the Sandy
River road has right to occupy, no
a vanishing track which the Maine
Central can tear up as it has already
DONE"
Testimony was introduced trying u
show that the Maine Central had tori
up the tracks of the Franklin, Somer
set & Kennebec Line and had raise'
the grade in order to obstruct tf
building of the line.
The attorneys for the Maine Centra
and Sandy River Roads asserted ina
the proposition to allow the tracks
: the Franklin. Somerset & kennepe
Railroad to make a junction with thei
lines within the station limits at Farm
ington was an impossibility. mat u
81 ;s now in SO crowded a cOndltlo
that business cannot be SATISFACTORY
conducted This being the CONDITION
present the introduction OF nc" ~
would make matters even worse e
necially as it is planned to place a ne
turntable and engine house near 'i'
point. ,>or of me
, The testimony of number OIL ne
thoroughly cognizant with the STU.
ton at Pennington was tahen
strcnrtben the position of the Man
Central and Sandy River Compail.e
very MANY details as to tracks, Jun
ings, grades and distances s,,' were m ",s
time The hearing was cotinueu IN
thn evening. J. S. Mack ana =,
WINSTON of Gardiner. directors - I'm :.
n sandy River Co. were AMONG e .do,
n present as were also John A.wtS~
IS philadelphia, and Philip Fl. stau U.nuh,
o strong, who were interested. s,ep :,
Il q perry of Portland. was 49, Mai,
A. with Mr.. Carter in behalf OF 'ne ~