The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1901-02-01
Telephone Tax Hearing
Postponed.
Mr.. Deering's Reply to Express
Co.'s Claims.
ESPECIAL TO THE rREss.I

Augusta, January 8l.-Thers was an
other large audience before the railroad
COMMITTEES this morni ng when Judge Sy-
monds OF Portland began the pressnta-
ton OF the views OF the Boston and
Maine railroad In reference TO the extern
aions which the Portland railroad desires
20 build to Gorham and Saco. Judge Sy-
monds spoke first OF the passage OF the
general law for the organization Of street
railways and then took up the question
Of public convenience and necessity. This
is always a relative question, said Judge
Symonds. Many OF you know that forty
or fifty years ago, 1t was very difficult to
secure the laying out of a new highway.
Thsre was sucn case In the town OF
Windham and the peop,s who wanted the
now road were obliged TO walt long
while and follow the old road over the
hills because the county commissioners
took the view that the people who had
fought farhsalo the old road had
rights which should be respected. 1t was
not until there was a very great demand
for the new road that 1t was at last laid
out. Now, that is what the railroad
commissioners meant when they said
that public convenience and necessity did
not require this building of the road to
Gorham. There was not then a great
population and the commissioners, re-
garding the rights OF this Boston and
Maine, said that its line should not be
paralleled for four miles along country
road, for that 1t Ia what it Is. Judge Sy-
monds said that he was not called upon
to speak for the railroad commissioners,
but the hoped that every member of the
committee would read the report of the
commission in the Gorham case. Judge
Sylnonds then reviewed the legislation
and the litigation growing out OF tina
Gorham case and said that there was now
no bar to its settlement in the courts, al
though he Understood that there was
som" 's'e.ing among the judges of the Su-
proine court that they should not be
called upon to do work which was peou-
liarly within the province of the railroad
commissioners. Judge Symo nds argued
that the constitutional provision and the
statute against special charters should
not be oyerridden. II the law is not salts
factory let 1t be changed so that the court
may appoint commission to hear the
case but why should the Legislature jump
over the law, jump over the appointed
agency of the state to do these things and
take this matter into its own hands con-
trsry to the provisions Of the constitu-
tionf
Then Judge Symonds gave history OF
the attempt to build to Saco. That is
still In the courts. he said. The railroad
commissioners decided when the case was
brought in the name of one of the
branches OF the Portland road that de.
funct corporation which had surrendered
Its lights could not ask that they be ex-
tended. That Is all that the railroad COM
missioners have decided in this case and
from that decision the petitioners have
taken an appeal, but they have not
prosecuted 1t, Whyf 1t is not for me to
attribute motives to the petitioners, and
| do not propose to do so, but isn't it
the reason that they come here instead OF
proceeding in the courts that they think
they have better chance here.
Judge Symonds Said he should not dis
cuss .Sae evIdencs in the case. 1t appeared
that the people of dorham were desirous
Of the building of this line but the rail-
road commissioners cannot grant this Pc
tition without overw helming evidence In
Its favor because it has always been the
policy OF this STATE to protect existing
charter rights. A decision OF the rail-
road commissioners becomes a precedent,
The railroad commissioners cannot grant
favor to the town OF GorhAm unless
they are prepared to do the same In any
other town in the state, There's no doubt
these are parallel lines. The Gorham ex-
tension would run oyar a country road