Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-28

Maine Central station grounds.
All OF these tracks through the
Maine Central yard. and on lard south
OF the yard. being laid by parole H.
cense. and not on any legal location.
In June. 1897. the location Of the +,
;. 4 X. Railway was filed with the
| county commissioners, commencing
445 feet south of the depot of the Maine
, Central Railroad. which was sub
| stantially the south line of the Maine
Central yard. thence running in a
southerly direction and to New Sharon.
II Is IN evidence that at the time this
| location was filed the officers of the +.
s. Il X. Co. supposed that the tracks
of the Sandy River Railroad through
the south Of the Maine Central yard.
were laid upon it's recorded location.
| and that they We're the legal terminal
tracks of the Sandy River Railroad.
Ascertaining that such Is not the fact
and that the legal terminal location of
the Sandy River road is north of the
Maine Central yard, the petitioning
company now asks for n change of its
terminal location from the south side
to the north side Of the Maine Central
yard. so as to connect its rails with
the rails of the Sandy River Railroad.
To make this change OF location il
asks the privilege OF taking land
through the Maine Central Railroad
station grounds. and which land the
Maine Central Railroad Company
claims is necessary for its station pur-
poses.
The attorneys for the Sandy River
Railroad Company and the Maine
Central Railroad Company contend
that having once selected the point of
terminus at the south side of the
Maine Central yard, and having filed
its location in accordance Herewith,
the f. 5. e X Co. is bound by that To-
cation, and many authorities are cited
to substantiate this position.
This was no doubt the general rule
unit! the statute of 1893 But the
principle should not be applied too
lisidly. a general or material change
OF Location cannot be made. but minor
changes can be made which expert
ence or change of circumstances have
demonstrated to be necessary or de-
sirable. AS where the growth Of a
town in certain direction may make
a former location of depot very in
convenient" Lewis on Eminent Do
main. section 25S.
BY p. L. 1893. chapter 1913, section l,
ANY railroad corporation under the
direction of the railroad COM
missioners may make any changes
IN the location of It's road
which it deems necessary or expedient,
and such changes shall be recorded
where the original location was re
quired by law to be recorded
1t is contended by counsel for the
Maine Central Railroad. that this
statute applies only to roads already
This board held otherwise in the
case Of the Washington County r. r.
and that il applies as well to roads
undergoing construction as TO those |
already constructed.
The supreme court Of this State |
UPON appeal sustained the commits !
sioneIs in this ruling. We hold there
the +. s. & X. r. r. 60. |
may under a proper petition. change |
the location CT its road so that the !
terminus instead of being at the south
erly side Of the Maine Central II. r. |
Co.'S yard may be at the northerly |
side as it now proposes to establish il. |
Whether this petition is sufficient to
authorize the railroad commissioners |
to direct such change we need not |
now determine for reasons which will |
appear hereafter.
The counsel for the petitioning com |
pany contends that by its charter it |
has a right to fix its terminus any
where within reasonable limits.
That no particular point is men |
toned in its charter. and that the |
legislature in using the words lat or |
near gave it n discretion which it
may reasonably use in establishing its |
terminus.
We have no doubt about this con-
struction of the charter. The decisions |
are too numerous and the principle too |
We'll settled to cali for any discussion.
Moreover the counsel for the other |
roads do not contend otherwise. But |
in giving construction to this charter |
we must not forget there are other |
statutes which must not be ignored.
Chapter 81, section II. revised |
statutes. provides that, mo railroad |
corporation shall take without con
sent OF the owners, meeting houses. !
dwelling houses, or. public or private |
buryins grounds"
Section III provides that mo iall- |
road corporation shall take the
grounds occupied by any other railroad
company. and necessary for It's use for
station purposes. without its consent. !
Wher application is made to take such
grounds. the railroad commissioners
upon NOTICE and hearing thereon shall
determine. the land to be taken shall
he necessary as aforesaid. or not, and
whether any public necessity requires
it to be taken"
: Counsel for the petitioning company
claims that the first paragraph OF said
section 121 is not absolutely pro-
hibtive, as is ST ction IT,. even If the
commissioners find that the land Is
necessary for. station purposes; but II
th., commissioners do SO. find. then by
tn. second paragraph they must go
fu,tber and find whether. any public
necessity requires it to be taken; and
that if the commissioners find that
nublic necessity does require IT, then
tho land can be taken, notwitstand-
in., the prohibition contained i'll the
first paragraph of the section.
Counsel for the Maine Central Rail-
road Company. and the Sandy River
Railroad Company contend that
n the commissioners find that
| ,>rnnn-a1 hp taken