Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-08-10

10 the Honorable Board or Railroad
Commissioners of the State of Maine:
1 Respectfully represents the Lewiston
| Augusta & Waterville Street Railway as
| follows:
ninety-one of the Public Laws of Maine
| for the year nineteen hundred and
| eleven it is provided that upon petition
| of ten or more citizens and taxpayers
of any city or town. setting forth that
| the tracks of any street railway COM
| pany operated in said city or town are
| located ineonveniently for the public
| the municipal officers if in their judy
ment public convenience or street inn
provement requires it, may change said
| location within the limits of any street
| but not to 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 deem equitable, subject to APP
peal as in said statute provided, and
said alterations shall be made in accord
ance with the directions of the municipal
officers; and further, that the municipal
officers shall hold public hearing on
said petition and give reasonable notice
to all parties Interested and further.
that either the petitioners or any street
railway affected by the decision of the
municipal officers may appeal to the
Board of Railroad Commissioners, who
shall, upon notice, hear the parties and
finally determine the questions raised
by said appeal.
2. That under the foregoing statute the
with the Municipal officers of the city
of Augusta, to wit:
To the Municipal Officers of the City of
The undersigned citizens and taxpayers
of the City of Augusta represent that
the Lewiston. Augusta & Watervile
Street Railway operates street railway
in said City of Augusta; that the tracks
of said railway, between point on
Western avenue in said City where the
location of said tracks changes from the
ar
north side thereof andaa point on said
Western Avenue Just west of where
Avenue are located neonvenientlY for
the public. and respectfully petition that
said tracks between the above mentioned
points may be changed from their press
ent location to the center of the Travelled
way of said Western Avenue
John Y. Lane. James Il. Fuller, B. F.
Smith. T. H. stevenson, w, II. Harris
A. Mlliken, II E. Goodrich, Charles r.
Written, Walter II. Davis, William H.
Reid, Il. l.. Hersey, Guy O. Nickery,
Cogan & Co, II. n. Whitman, f. w.
Church, Marcelus Shaw. A. Q. Trouant,
Chas, II. White. ]. Frank Dyer, Q. G.
Webster. F. M Mower, w. II. Williams.
f. Hilton. n. D. Jennings, Robert Mo-
rang, f. Locke, Thomas c. ingraham.
William Young, Melvin S. Holway: Ed
Hussey, Frank L. Dutton, G. II. Curtis.
Edwin c. Burlegh, Charles L. Marston.
chas. r. Sturtevant. II. j. Turner, F. r.
H. G. Barker. II. c. Dudley. c. p. Dyer
Horace E. Bowditeh. a. H. chadbonrne
Wyman, Willis f.. Swift f. L. Weber
H. Il. Gilmore, II. E. Hamlin, J. H.
sturgis, n. T. Folsom. Chas E. Ballard,
P. Lowell. r f. smith, Nathan Weston
George b. Keene, +. j. G. Little, George
w. Vickery. G. w. Wadleigh, f. l..
Merrill, Chas. S. Hichborn. NJ. S. Camp
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 ofsthe Lewiston.
Augusta & Waterville Street Railway
and are operated by said street railway
company In said City of Augusta, as in
said petition alleged.
5. That said tracks are not located in
conveniently for the public.
6. That said Municipal officers legally
held public hearing on said petition on
the eighth day of July, A ID. 1872, and
gave seasonable notice TO all parties in
terested, as by said statute. required.
Z. That on the 18th day of July a. d.
1912 the said board of Municipal officers
made decision upon the foregoing petit
ton and passed the following order,
now of record. to wit:
Now, after public hearing to all parties
interested on the foregoing petition, both
public convenience and street improve
ment In the Judgment of the municipal
officers requiring IT, II is hereby,
Ordered and decreed that the said
Lewiston, Augusta q Nateryille Street
Railway change its location as prayed
for in said petition and that the expense
of said change as between said Railway
and the City of Augusta be borne entire
ly by said Railway.
WHEREFORE the Lewiston, Augusta
&, Waterviile Street Railway, being a
street railway affected by the foregoing
decision of the municipal officers, hereby
appeals therefrom to the Board of Rail-
way Commissioners and prays that your
Honorable Board will. upon notice, hear
the parties and finally determine the
questions so raised are as follows:
a. The tracks of said railway be-
tween a point on Western Avenue in
said City of Augusta where the location
of said tracks changes from the center
of said Western Avenue to the north
side thereof and a point on Western
ntie ntersects said Western Avenue are
not located inconveniently for the public
and public convenience and street i'm
prevement do not require change there
of, and the 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 center of the travelled way on said
Western Avenue and the decision of said
municipal officers thereon is erroneous.
{. mat III Is NOT equitable tHdt the eN-
pense of said change as between said
Railway and the City of Augusta should
be borne entirely by said Railway.
d. That ii is equitable that the ex-
pense of said change and of any change
upon said Western Avenue as described
in said petition should be borne wholly
by the said City of Augusta and in no
part by said Railway.
WHEREFORE the said Lewiston, Au-
gusta & Waterville Street Railway prays
that due notice be ordered hereon, hear
ing had and this cause determined as by
law required.
Dated this 22nd day of July. A. ID. 1912
Lewiston, Augusta & Waterville Street
Railway
BY HEATH G. ANDREWS,
Its Attorneys.