Daily Kennebec journal., 1907-10-24
STATE HOUSE.
lNHs
FIR. Commissioners Have
No Jurisdiction.
Beard So Decides in Pitts Street,
Portland Matter.
Highway Commissioner Sends hurry
Up Call for Bridge Reports.
STATE HOUSE CALENDAR
Next Meeting Of Governor and Coun.
Gil Tuesday, Nov. II, at 10 A. M,

Announcement was made AT the Of
fee of the Board of Railroad Commits
SionerS Wednesday that a decision has
been rendered on the petition of the
city Of Portland asking the commits
sirncrs Wednesday that decision had
street in Portland to facilitate IL cross
ing Of the Boston & Maine Railroad
Worcester division. hearing on which
was held at Portland on Thursday Oct
Il. The city of Portland was repro
scented ny City Solicitor Michael r.
OBrien and Alfred E. Neal, and Messrs
Symonds, Snow. Cook 4: Eutchin-
SoH appeared for the Boston 4 Maine
Railroad. In giving their decision on
the matter the commissioners say:
1t IS contcnded by the counsel for the
Boston q Maine Railroad that t.,
Board of Railroad Commissioners has
no jurisdiction in the matter at issue,
because they say in their eadingS thn
matter was once acted upon by thn
Board of Railroad Commission. RS: that
ar appeal was taken to the supreme
judicial court under the statute as il
was in 1883: that the supreme judicial
court fixed the manner and condition of
crossing; that the decree has become
absolute. and that the commissioners
therefore have 10 jurisdiction whateve,
to change it,
When these proceedings were insti-
tutcd before the Board of RaiIroa
Commissioners they stro under Sc
t'rr - "f Ch1',ter IS of the Revised
Statutes OF lSS3. The Railroad Com
miSs:oncrs made their decree. Til,
statute provided that either ,,art :
might appeal from the decision of the
Railroad commissioners Thu town oi
Deerng did appeal to the suprcm3
judicial court That appeal vacated Tho
decree of the Railroad Commission
and the proceedings thereafter were in
the supreme judicial court. \ commit
fce was appointed which reversed the
decree oI the Railroad Commission
.ers in part. and affirmed it in part. The
finding of the committee upon appea1
was accented by the supreme Judicial
court in Cumberland county and juG:,-
ment thereon entered which. according
to the statute as it then existed. WIZ
final and conclusive.
5 Itis claimed however by the retitior-
-ers.Athat the statutes have been amend
ed and that the Railroad Commissions
ers still have jurisdiction.
In 1885. Chapter 80. that statute wa
amended so that a report OF the Rail
road Commissioners should he made to
the supreme judicial court. ana there
after ali tn" proceedings should BE had
therein. This amendment was Of Chap
ter Is nf the Revised statute.
BY Chapter 2S2. Public Laws Of 1850
this section q of Cfapte;' IS of the Re-
viscd Statutes was again amended. but
it does not seem to have amy oeorl"
on the question 1T issue.
Eut hy Section . Of The Eltt"r act.
Chapta.. II of the Revised STATUTES WIS
amended. and by Section 4, of that act
of 1889 it was provided that highways
or other WavS may be raised or lower Il
for the purpose of permitting a railroad
to pass over or under the same. or tn"
course of the same may he altered So
as to facilitate any crossing, or TO per-
nit a railroad to pass at the sid" there
of. IN application to the Railroad Com
missi"ners and proceeding as provided
by Section q. Chapter IS, aS amended
by this act. and for such purposes land
may be taken and damages awarded as
for laying out of highways and other
ways"