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

as tOllOWS:
l. Under the provisions of Chapter
ninety-one of the Public Laws of Maine
for the year nineteen hundred and
eleven it is provided that upon a petit
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
are located inconveniently for the public
the municipal officers, If in their judg-
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 may deem equitable, subject to
appeal as in said statute provided, and
said alterations shall be made In ae-
cordance with the directions of the mu-
nicipal officers; and further, that the
municipal officers shall hold a public
hearing on said petition and give rea-
sonable 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 Com
the parties and finally determine the
questions raised by said appeal.
2. That under the foregoing statute
the following petition was seasonably
filed 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 & Watervilie
Street Railway operates a 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 nne
of the United States Arsenal property
are located inconyeniently for the public.
and respectfully petition that the said
tracks between the above mentioned
points may be changed from thelr pres,
ent location to the west side of said
George w. Motherwell. Roy H. Flynt.
William H. Davis, j. w. Pierce, j. r.
johnson, Charles NJ. Taber. D. Purinton,
=: l., Merrill, H. L. Merrill C lI,s. !
Hichborn. II. l.. Haskell. II. G. Barker.
w. L. Hughes. c. f. Purinton, Henry
A. Heath. II. II. Kelton, r.; II Jenkins
n s Campbell s cb j. Beden' sa rn9sl q
Manley. Mrs. Lendall Titcomb. Samuel
Titeomb, j. f. Melgs, Niles i. Perkins,
". s Thompson; Walter M. sanporh' ..
Ayers, f. g. Harrington. r. G. Marshall,
Brian c. Roberts, Lewis A. Burleigh.
Will L. Hilton. III. p Jennings g.. Il.
Chas II. White. F. l.. Harrington. Claude
w. Townsend, +. L. Gedney, 3. + smith,
w w. Jackson. L. B. Young, o. 9. >
G gai Brown n, a. n. Brown, Charles r.
Meigs, p NJ. Boynton. James A. Wood
ward Geo D. Haskell, NJ. A. Haskell, G.
F. Moorlen. ]; H. Chandler, w, 5 Wy
man, W. III. Williams, w. I. b. Chase,
John d. Newman. Geo. l.. Weeks. f. A.
Hussey, Joseph NJ. Caderett, u. ". Has
kell, o. c. Webster, ]. R. Thompson.
3. That the foregoing petition. was
signed BY ten or more citizens and tax
payers of the City of Augusta.
4 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
conveniently for the public.
6. That said municipal officers legally
held a public hearing on said petition on
the eighth day of July. A. d. 1872 and
gave seaSonabie notice to al parties IN
terested. as by said statute required.
z That on the 18th day of July, A. ID.
1912 the said board of municipal officers
made decision upon the foregoing peu-
ton and passed the following ORDER
now of record, TO wit;
Now, after public hearing 70 all par
ties interested, on the foregoing peuuofl:
public convenience in the Judgment OF
the municipal officers requiring ii, 1t is
ordered and decreed, that the Lewis
tom Augusta & Waterville Street Rail-
way change the location of its tracks on
Avenue and a point five. hundred feet
south of the south line or SAID Eastern
Avenue from the present location 10 the
West side of said Hospital Street and
that the expense of said change as be-
tween said Railway and the city OF Au-
gusta be borne entirely by said Hallway,
WHEREFORE the Lewiston. Augusta
& Waterville Street Railway, being a
street railway affected by the foregoing
decision of the municipal officers, hereby
appeals therefrom to the board OF tat
way Commissioners and prays that your
Honorable Board will. 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
pital Street in said City of Augusta be-
tween Eastern Avenue and point hVe
hundred feet south of the south line OF
said Eastern Avenue are not located M
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 changeo
from their present location TO me WEST
side of said Hospital Street. and the
decision of said municipal officers there
on Is erroneous.
c. That it Is not equitable that the
expense of said change as between SAID
railway and the City OF Augusta should
be borne entirely by said Railway.
d. That It is equitable that the ex-
DenSe OF SAID cnanSe ana ul any NitnsN
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-
way.
WHEREFORE the said Lewiston, Au-
gusta q Wateryille Street Railway pfays
that due notice be ordered hereon, hear
ing had and this cause determined as by
law required $40
LEWISTON, AUGUSTA & WAITER
VILE STREET RAILWAY,
BY HEATH & ANDREWS,
ON THE FOREGOING PETITION,
ORDERED: That the petitioner cause
TO be published true copy of SAID pc
tition and th,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. d. 1872. on which
day the Board of Railroad Commission
ers will be in session at their office state
House in Augusta, Maine, at 1000 O'Clock
i'm the forenoon, when and where all par
ties interested may be heard thereon.
Notice of said time and place of hear
ing shall also he given to Lewis A. Bur
leigh, one of said petitioners, by for
warding by mail. postage prepaid, to him
a COPY of said petition and order. attest
ed as aforesaid five days at least before
the date of said hearing.
ELMER. p. SPOFFORD, Chairman,