Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-08-09

To the Honorable Board of Railroad
Commissioners of the state of Maine:
Augusta q Waterviile Street Railway as
follows;
j. Under the provisions of Chapter
ninety-o of the Public Laws of Maine
for the year nineteen hundred ana
eleven ii 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 i'm said city or town are
located inconveniently for the pubic,
the municipal officers. If in their Judg-
ment public convenience or street inn
provefrient requires 1T. may change SAID
location within the limits OF any street
but not to another street and order the
company operating the same 10 MAKE
the alterations, and make sueh4 decree
as to the expense of the same az pc
tween the railway aud the municipality
as they deem equitable, subject to ap-
peal as in said statute provided, ana
said alterations shall be made In accord,
ance with the directions of the municipal
officers; and further, that the munieipa!
officers shall hold a public nearing on
said petition and give reasonable notice
TO ali 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
by said appeal.
g. 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
Augusta:
of the City of Augusta represent that
the Lewiston, Augusta e. Waterville
street Railway operates street railway
in said City of Augusta; that the tracks
of said railway. between a point on
Western avenue in said City where the
location of said tracks changes from the
center of said Western Avenue TO tne
north side thereof and a point on SAID
Western Avenue just west of where
Blaine Avenue intersects SAID western
Avenue. are located ineonveniently for
the public, and respectfully petition that
said tracks between the above mentioned
points may be changed from their pres
emit location to fthe center of the traFeleu
way of said Western Avenue.
John V. Lane, James +. Fuller II. r.
! smith. r. III. Stevenson. w. II. Harris,
I l.. b. Viewer, John ID. Newman. Charles
A.. Milliken, Il. r. Goodrich. Snaries = &
Reid. r. L. Hersey. Guy Q. Vlekery'
John Coughlin. Treby. Johnson. ]. Il
cogan & Co, II. n whitman, =. W
chas. IL White. j. Frank Dyer, o. G.
Webster, r. N. Mower. w; H. Williams,
Fred G. Kinsman, f. 3. Purinton, WIN
f. Hilton, H.. ID. Jennings, Robert Mo
rang. T. Locke, Thomas c. Ingraham,
William Young. Melvin S. Holway, Ed
win S. Reid, A. II; Sturteyant, F. II,
TIussey Frank l.. DHtton, G. II. Curtis.
Edwin c.. Rurleigh, Charles f. Marston,
Chas. r. aSturtevant, H. J. Turner, +. r.
Wellmanyo w. S. Malcolm. A. a. Soule,
II. G. Barker; f: C. Dudley; c. Z; Dye, Dyer
Horace E. Bowditch, A. II. Chadbourne
j. Frank Pierce, G. f.. Purinton. w $.
Wyman. Willis f. Swift. F /. Webbeer,
| s St \. +. Folsom, chas +. Ballard
| George l.. Weeks Lewis A. Burleigh, Fl
p Lowell F. e. Smith, Nathan Weston
George Esct 3, Kee9s w g. nefle feoffs
Merrill, chas. S. Hichborn, NJ. 5. Camp
4 bell.
signed by ten or more citizens ana tax
kpayers 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 OF
| the eighth day of July, A. y. VT a me
1 terested as by said statute required
I. That on the 18th day of July, a. ID
| 1912 the said board of Municipal officer
made decision upon the foregoing petit
| ton and passed the following order,
now of record to wit:
Now. after public hearing TO all parties
1 interested on the IOieSQlfiS ptlilibh. boAil
public convenience and street improve,
ment in the Judgment of the municipal
officers requiring IL. ii is hereby,
Ordered and decreed that the said
T ,ewiston. Augusta & Waterville 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 foregoins
decision of the municipal officers, hereby
appeals therefrom to the Board OF kali
way Commissioners and prays that your
Honorable Board will, upon notice, hear
the parties and finally determine the
questions raised by this appeal, ana the
Questions so raised are as follows:
a. The tracks OF said railway pc
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 nofth
side thereof and a point on Western
Avenue lust west of where Blaine Ave-
nue. intersects said Western Avenue are
not located inconveniently Tor the punhc
and public convenience and street I'M
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 apoke
mentioned points ought not 70 pc
changed from their present location 70
the center OF the Travelled way on saia
Western Avenue and the decision OF SAID
municipal officers thereon Is erroneous
G That ii is not equitable that the ex,
pense of said change as between sa,9
Railway and the City of Augusta should
BE- borne entirely by said Railway.
"a. That 1t is equitable that the ex-
pense of said change and or any chahss
npon 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 Il Waterville Street Railway prays
that due notice be ordered hereon. hear
ing had and this cause determined as by
law required 900
Dated this 22nd day of July. A. ID. 1872
Lewiston, Augusta G. Waterville Street
Railway
By HEATH a. ANDREWS,
Its Attorneys