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

| To the Honorable Board of Railroad
Gomrnissi9ners e the state Of Maine 81
Augusta q Waterville Street Railway as
follows:
| l. Under the provisions of Chapter
| ninety-one of the Public Laws of Maine
| for the year nineteen hundred anf
eleven ii Is provided that upon petition
| of ten or more citizens and taxpayer
1 of any city or town, setting forth tha'
the tracks of any street railway com
| pahy operated in said city or town ar
| located inconveniently for the public
| the municipal officers, If in their judS-
| ment public convenience or street i'm.
provement requires it, may change sale
| location within the limits of any street
but not TO another street and order tht
| company operating the same 10 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 ap.
| 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 a 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
/ IOiIOW1TB DtllIlDH was StdSOudDly ilitd
with the Municipal officers of the city
| of Augusta, to wit:
To the Municipal Officers of the City of
Augusta:
The undersigned citizens and taxpayers
of the City of Augusta represent that
| the Lewiston, Augusta 4 Waterville
Street Railway operates a 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
"A FxstaR "a
north side thereof and a point on said
/ Western Avenue Just west of where
Blaine Avenue intefsects said Western
Avenue, are located inconvenientlY for
the public and respectfully petition that
said tracks between the above mentioned
points may be changed from their pres
ent LOCATION To the center of the Travelled
! way of said Western Avenue.
John v Lane, James +. Fuller, B. F.
Smith, T. II. Stevenson. w. II. Harris,
| Written, Walter II. Davis, William II.
Reid, f. l.. Hersey, Guy O. Nickery.
John coughln, Treby ,, Johnson, J II II.
Church. Marcellus Shaw, a. o. Trouant.
Chas. II. White, J. Frank Dyer, o. G.
Webster, p NJ. Mower, w II: Williams;
Il. Hilton. ii. ID. Jennings, Robert Mo-
rang, E. Locke, Thomas c. Ingraham.
William Young, Melvin S. Holway, Ed
win S. Reid, A.. II. sturtevant, z. II.
Hussey, Frank L. Dutton, G. II. Curtis,
Edwin C. Burleigh. Charles r. Marston,
Chas. r. sturtevant, II. j. Turner, e. Z.
II. G. Barker. Il. c. Dudley, c. ?. Dyer.
f ioraes Bo Madn,sES = cna aSsSs5s
=. Frank Pierce, c; p Pqrinton; W ).
H T. Gilmore. II. E. Hamlin, ]. II.
Sturgis. y. T. Folsom, Chas. f. Ballard,
George l. Weeks. Lewis A. Burleigh, II.
p. Lowell, f. +. Smith. Nathan Weston,
George b. Keene, +. J. G. Little, George
W. Vlckery G. w. Wadleigh, f. L.
Merrill. Chas. S. Hichborn, NJ. $. 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 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
5. That said tracks are not located In
/ conveniently for the public.
, G. That said Municipal officers legally
held public hearing on said petition on
the eighth day of July. A. ID. 1912, and
gave seasonabe notice to all parties in
terested. as by said statute required.
T. That on the 18th day of July, A. p.
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. il is hereby,
Ordered and decreed that the SAID
Lewiston, Augusta g. Waterviile 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
~ by said Railway.
WHEREFORE the Lewiston, Augusta
& Waterville Street Railway. being a
street railway affected by the foregoin
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 raised by this appeal peat ana the
a. The tracks of said railway be-
tween 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 point on western
Avenue Just west of where Blaine Ave
nue. intersects said western Avenue are
not located inconveniently for the public
and public convenience and street Inn
proyement 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 e
Western Avenue and the decision OF said
| municipal officers thereon is erroneous
C. That it is not equitable that the eX,
| pense of said change as between said
| Railway and the City of Augusta should
! be borne entirely by said Railway.
| d. That 1t is equitable that the ex-
pense of said change and of any change
| upon said Western Avenue as described
| i'm said petition should be borne wholly
| by the said City of Augusta and In nc
| 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 & ANDREWS,
Its Attorneys