Daily Kennebec journal., 1904-11-05
c. P. Ry. Does Not Have
Exclusive Right Of Way.
Moosehead Tel. Co May Put
Wires Beside the Track.
important Decision Made by the Rail
road Commissioners.

tiSipH oi the railroad commissioners in
the MATTER of the petition o: the Moos"-
- al I'll, phone company To- he given
iie right IL put ~ its vi:"s along th,
right of way Of thr Canadian Pacific
railway. TIL" decision of the cOmmis-
,'"no.. is ftvnrahl" tn the telephone
tnu.panv. and ov"rrTl..s the obje, tion
Of IN" railroad company.
STATE or MAINE.
IN i.naid If Eailro1 l Commissioners.
Upon thc foregoing petition notice
having b."n given a n"dcrcd the l. taYti
met AT the time and place mentioned in
,.jd order.
NJ. Henry Hudson appeared for the
petitioners.
MI. Charl,s F. Wopsiard appeared for
the Canadian Pacific Hallway Com
pauv.
This is a petition rn.lc1 Section = "f
chapter - Of the i."l isrd Statutes.
anrlying to the Railroad Commissions
crs to determine the manner in whicn
said telephone line may I've constructed.
maintained and operated upon. along
and across th" right of way of th''
Crnadi;tn Pacific Railway Company
from Grrcnville Junction to Hol"b Sta
ton. on said Canadian Pacific Railway.
The railway company by its attorney
appears and files With the Board Of
Railroad Commissioners the following
answer:
/. THE Canadian Pacific Railway
Company does not admit that tht,
Mooschtad 1olrlhnne Company by its
| charter is aut horize1 to construct.
maintain and operate a telephone line
between Greenvillc Junction and Hpl"D
station on said Canadian Pacific Rail
way. as alleged in said petition. an
said tara1ian Pacific Railway Com
pany denies that any corporation
organized under the general laws of
~" state of Maine without any par
| tirular or specific powers conferred up
| on it ~ the Legislature of said state
| Of Maine. can have any such authority.
| >. 1t is admitted thai the Fanadial
Pacific Railway Company operates its
| railway. ds alleged in said petition, an.l
| tNat the railway was built as is alleged
il said petition.
3. Il is admitted that the said
| Nnoarhn;td TclcDhone Company may
| wish to construct ana operate its tele-
said IToIcb Station upon and along the
right. Of way of said Canadian Pacific
Railway Company. and it admits that
said Telephone Company has applied to
said Railway Company for permission
! To- construct maintain and operate its
| lirc IN part upon and along the right Of
| way of said canadian Pacific Railway
| Company. and it is admitted that said
! Mnns"h"ad TolcphoT" company and
| said Canadian Pacific Railway Com
plny cannot agre. as to the right Of
said Telephone Company to build its
| trlcph nc line upon the right of way
or said Railway tnmpany. or as to the
| rlann"r in which GU h telephone line
may br constructed. maintained and
lopcrat"d upon. along and across the
right IF way of sail Canadian Pacific
| Railway Company, N whole or in part.
I. II is denied that said Canadian
! Pacific Railway Company has unrea
| ScnablY refused its consent to the con-
! struction maintenance and operation
Of said telephone line upon and along
| the right Of way Of said Canadian
Pacific Railway Company.
| ;. It is alleged that the right Of way
I III SiHl iNdilNdN blIIduS NdS uuiS
acquired under the provisions of law of
| said state of Maine. and at the expense
| of said Canadian Pacific Railway Com
| pany or its predecessors in title of sad
right nf way and il is denied that such
right Of way or any part thereof can hc
taken from it without compensation.
and such compensation is expressly
claimed and insisted upon.
| g. II is claimed AMI alleged that un-
dor the laws Of the state of Maine saii
Railway COMPANY is entitled to the cx
elusive possession of its right of way
50 acquired by il. and denies the right
of any Telephone COmpany organize;
urdcr the provisions Of he general law
to- invade II light of way to take any
part Thereon or t. interfere with said
railway company in tn" exclusive pos
session Of the whol" of iis right Of way.
:. II is denied that there * any pro-
vision Of law which authorizes the TAX
ini: by said Mnos' head Telephone
Company of any part "f said right of
way or entering upon the same for the
purpose of constructing. maintaining
and operating a tclvi.honc line there
ON. without permission of said rail-
Way company. And it is claimed and
alleged that IL there is amy provision
or law of the state ~ Maine seeming
"a luthorize the entering upon and
taking part ~ the right Of way OF
any railway or railroad company foI
the purpose of constructing. maintain
| ing and operating telephone line
without the permission Of such rail-
way or railroad company. there is ne
provision in such alleged law Tor de-
termiuing or awarding any compensa-
ton for the entering upon or taking OF
any part of the right of way of any
railroad or railway company, and it il
therefore claimed that such provision
of law is unconstitutional and void.
S. The said Canadian Pacific Rail
way Company farther alleges tha
there is already constructed along sait
: right of way of its own telegraph lin
necessary for the operation of its rail
way: that said telegraph line may b
interfered with and endangered by tn
e presence of another line of poles an
d wires for telephone purposes alon
y said right of way. and it farther al