Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-06-30
Office Holders May Not Ride
Free After July 3.
Petitions Received for Referendum
On the Town Of York.
STATE HOUSE CALENDAR,
Next Meeting Of Governor and Council
Friday, July 9, at 10 A. M.

misSiOnerS, Tuesday that a decision
had been rendered in the matter of a
petition from the Cape Shore Railway
asking the approval by the board Of
a charge of location of the company's
track in the city Of South Portland.
The petition represents that the rail-
road company deems it necessary and
expedent that change should be
made in the location of it's road on
Ocean street. at South Portland
Heights. so-called, in the city Of
South Portland. The change asked
for is from the westerly side of the
highway to the center of the same on
Ocean street, for about 100 feet.
A hearing on the petition was held
by the board of commissioners in the
aIdermen's room at South Portland at
10 A. NJ Wednesday, June %. In
rendering the decision the board says
in part
1.-THE city council of the city Of
South Portland on June II. 1909, ap-
proved the location of the track in the
center Of the street. said location
being on Ocean street. and it was
upon this action of the city council
that the railroad company asked to
have the location changed.
"Mr Chaplin, who appeared for the
citizens of South Portland and Cape
Elizabeth opposing the change, filed
two petitions asking to have the loca-
ton of the railroad remain on the
west side Of Ocean street. One petit
ton was from the citizens of Cape
Elizabeth and one from the citizens of
South Portland. Upon inspection.
however, of these petitions, it appears
that they were dated June S, 1909, and
were addressed to the Honorable
Mayor and Council OF the city of
South Portland. Maine. This was six
days before the meeting of the city
council at which it was voted to fix
the location in the center Of the street,
and we must assume that these petit
lions were acted upon by the city
government and we must also assume
that they took into consideration the
prayer Of these petitioners, and that
this vote of the city government was
made after due consideration of the
several petitions.
"In the matter of the petition OF the
Penobscot Central Railroad for loca-
ton in the streets of the city of Ban
gor in 1897, on page 80 of the COM
missioncrs' report. the board used this
language: The municipal officers of
Bangor have approved the proposed
location We have certificate pre-
scented to us of the action of the
municipal officers OF the city of Ban
gor on the 4th day of May. A. d. 1897.
attested by Victor Brett. city CLERK,
with the seal of the city of Bangor.
The action of the city government
seems to have been regular and in due
form. Very strong reasons can be
suggested why the matter of location
of an electric railway in the streets of
a city should be left to
the municipal officers. They ought
to be particularly fitted to best
judge where such location will be Of
least Inconvenience to the public. and
where it will work the least injury to
private interests They are citizens,
and are usually selected from among
the business men of the city. They
are familiar with all surrounding cir
cumstances: and in this matter we
feel compelled to allow their judgment
to control
1T is true that the Board Of Rail-
road Commissioners has authority to
override the action of the city govern
ment. but we see no more reason in
this case to overrule the action of the
city government of South Portland
than we did to overrule the action IF
the city government of the city OF
Bangor: and while we formerly
located the railway on the westerly
side of the road we are yet inclined to
believe that the judgment OF the city
of South Portland as expressed by its
vote in the city council should be al
lowed to control.
I'VE do not intend that this shall be
precedent in all cases. because cases
may arise where we might feel 1t our
duty to use the power given us by the
statute to disapprove the action of the
city government. but we see nothing
In this case to cause us to change the
ruling which we made in the Bangor
case.
I'VE therefor approve the proposed
location and direct that such change
be made and recorded as required by
law"
Among the many other laws which
will so into effect July is the act
nf q