Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-08-08

eleven II IS provided that upon peu-
ton of ten or more citizens and tax
payers of any city or town, setting forth
that the tracks of any street railway
company operated IN said city or town
the municipal officers, ii in their iudg-
ment public convenience or street inn
proyement requires it, may change said
location within the limits of any street
but not 10 another street and order the
company operating the same to make
the alterations, and make such decree
as TO the expense of the same as be-
tween the railway and the municipality
as they may deem equitable. subject. to
appeal as in said statute provided, and
said alteratons shall be made IN ac-
cordance with the directions of the mu-
nicipal officers; and further, that the
municipal officers shall hold public
hearing ON said petition and give rea-
sonable notice to all parties interested;
and further, that either the petitioners
decision OF the municipal officers may
appeal to the Board of Railroad Conf
missioners, who shall, upon notice. hear
the parties and finally determine the
auesticDs raised by said appeal.
2. That under the foregoing statute
the following petition was seasoIably
filed with the municipal officers OF the
City of Augusta. to wit:
To the Municipal Officers of the City of
Augusta:
of the City of Augusta represent that
the Lewiston. Augusta q WaterNiile
Street Railway operates street rail
way in said City of Augusta: that the
tracks of said Railway on Hospital
Street between Eastern Avenue and
point opposite what was the south line
of the United states Arsenal property
are located inconveniently for the public.
and respectfully petition that the said
tracks between the above mentioned
points may be changed from their pres.
ent location 10 tae west side OF sail
Hospital Street
William II Davis. j. w. Pierce, j f.
Biiodean. Harry {. jones, Albert Il. Fol-
som 3 a Thorns L j. cToof s,1,n Nat.
J.. L. Merrill. H., L, Merrill chas. J
Lincoln. Elneat 2 Hewet, Charles :
Hiehborp T. Haskell , II G. B aenry
A. Heath. II. ii. Kelton. T.; II, jenkins.
NJ s Campbell. s j. Beach. Thos; =
ken ney NJ e6 chaayle iicom Sam samu 81
Titcomb. J f. Meigs, Niles 1. Perkins,
w. S Thompson. Walter NJ. sanborn, a.
" BROOKS. Aiph g: l-aR tsG , W; VII, n
Brian &, Roberts. Lewis A. Burlelgh.
VIII l. Hilton. Fl. d. Jennings, G. i.
cSas. il. White. + l. farringtoq: Claude
W Townsend, r. I. Gedney, 2, smith.
w. W. Jackson F. 3. Young. Q. c. 5.
&. Brown. A. III. Brown, Charles F.
Meigs, +. NJ Boynton, James A. Wood
ward, Geo. y. Haskell. NJ. A. Haskell G.
man. ". II Williams W. L. B. Chase.
John D. Newman, Geo. l.. Weeks, f., A.
Hussey Joseph NJ caderett, b NV W Has
Weston Lewis, l.. j. Colgan.
3. That the foregoing petition. was
signed by ten or more citizens and tax
payers of the City of Augusta
T. That the tracks described in SAID
petition are the tracks of the Lewiston.
Augusta & Waterville Street Railway
and are operated by said street railway
company in said City of Augusta as IN
said petition alleged.
s. That said tracks are not located IN
sfx,ratf IL fass a MI
g. That said municipal officers legally
held a public hearing on said petition on
the eighth day OF July a. u. ISL ana ~,
terested. as hy said statute required.
a. That on the 18th day Of July. 4. y.
1912 the said board of municipal officers
made decision upon the foregoing petit
ton aud passed the following order,
now of record. TO wit:
Now after public hearing to all par
ties Interested, on the foregoing petition:
public convenience I'm the judgment of
the municipal officers requiring il, 1t Is
hereby,
Ordered and decreed. that the Lewis
ton. Augusta 4 Waterviile Street Rail-
way change the location of Its tracks on
Avenue and q point five hundred feet
south of the south line of said Eastern
Avenue from the present location to the
West side of said Hospital street ana
that the expense of said change as be-
tween said Railway and the City OF Au-
eusta be borne entirely by said Railway.
WHEREFORE the Lewiston Augusta
a. Waterville Street Railway, being a
street railway affected By the foregoing
appeals therefrom to the Board of Rail-
way Commissioners and prays that your
Honorable Board wilt upon notice. hear
the parties and finally determine the
questions raised by this appeal, and the
questions so raised are as follows:
a. The tracks of said railway on Hos
pitai Street In said City of Augusta be-
tween Eastern Avenue and point five
hundred feet south of the south line of
said Eastern Avenue are not located IN
conveniently for the public and public
convenience does not REQUIRE change
thereof and the aforesaid decision of
said board OF municipal officers thereon
is erroneous.
b. That said tracks between the above
mentioned points ought not TO be changed
from their present location to the west
side of said Hospital Street and the
decision of said municipal officers there
on isserroneous
C, That il is not equitable that the
railway and the City of Augusta should
be borne cntirely by said Railway
d. That e Is equitable that the ex-
upon said Hospital Street as described in
said decree OF said municipal officers
should be borne wholly BY the said City
of Augusta and in no part BY said Rail-
WHEREFORE the said Lewiston. Au
r,irta a Waterville Street Railway prays
.fhat due notice be ordered hereon, hear
ing had ana this cause determined as by
law required.
Dated the end day OF July A. D. 1912.
LEWISTON, AUGUSTA a. WATER
VILE STREET RAILWAY,
BY HEATH & ANDREWS,
Its Attorneys
on THE FOREGOING PETITION,
ORDERED: That the petitioner cause
TO be published a true copy of said Pc
tItion and tn,s order of notice thereon
attested by the Asst. Clerk OF this Board
three days successfully In the Daily Ken
nebec Journal, a newspaper published at
Augusta, in the county OF Kennebec, the
first publication In said paper TO be at
least five days before Wednesday the
18th day of August, A. ID. 1912, on which
day the Board of Railroad Commission
ers win be i'm session at their office state
House in Augusta. Maine. at 1000 O'Clock
in the forenoon, when and where all par
ties Interested may be heard thereon.
Notice of said time and place of hear
ing shall also be given to Lewis A. Bur
leigh, one of said petitioners, by for
warding by mail, postage prepaid, TO him
copy of said petition and order. attest
ed as aforesaid, five days at least before
the date of said hearing.
ELMER p. SPOFFORD, Chairman,
For the Board of Railroad Commissioners
OF Maine,
Dated this 7th day of August, A. p, 1919