Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-05-14

il so, Its extent, could only be deter
mined by hearing on the petition it.
self, it follows that in concluding that
there might be a possible loss to the
city. your reporter pre-judged the case,
and in estimating the loss at 5000 he
was also anticipating the boards find
ings. why he based his guess at
$4,000, or what that figure was meant to
include, I am unable to gather from
the report,
In stating that somebody" had COM
mitted an error, your reporter also
pre-judged the case, for the article it
self shows that no decision had at
that time been made on the motion to
dismiss. / should add, however, that
your correction does state that the
intention Of the headline was simply
to convey the idea that at the hearing
somebody made a statement to the eff
feet that somebody had made an err
ror.
The decision reached by he Public
Utilities Commission on the motion will
depend on the construction they place
on the following statute:
Bridges erected by any municipal
ity, over which any street railroad
passes, shall be constructed and main
tanned in such manner and condition,
as to safety, as the board of railroad
commissioners may determine. Said
board may require the officers of the
railroad company and of the munich
pality to attend a hearing in the mat
ter, after such notice Of the hearing to
all parties in interest as said board
may deem proper. Said commissioners
shall determine at such hearing the
repairs. renewals or Strengthening of
parts, or if necessary, the manner Of
rebuilding such bridge, required to
make the same safe for the uses to
which it is put. They shall determine
who shall bear the expenses Of such
repairs, renewals, strengthening or re-
building, or they may apportion such
expense between the railroad company
and the city or town, as the case may
be, in such manner as shall be DEEM
ed by the board just and fair, and
shall make their report as hereinafter
provided"
Lwould call attention to the fact un-
der this statute the electric road is I'M
der the same obligation to petition the
Public Utilities Commission in the first
instance as the city, and that the rail-
roads motion is purely technical. Had
there been no agreement as to the
need and kind of repairs. either the
city or the road would have had to
petition at the outset.
! believe that some court has power
to pass upon the merits Of the ques-
ton raised by the city. I cannot be-
lieve that. in agreeing in so far as it
could, the city has lost any Of it's
rights. 1t would not occur to anyone
that the advice of an attorney was ne
cessary until some dispute arose. The
railroad might be expected to know
of this statute. The city could hardly
be expected to. Such a construction of
the statute would make it possible for
railroads, which were 50 disposed, to
take advantage Of municipalities by
agreeing to everything until the ques-
ton Of costs were reached and then
claiming that because of these very
agreements the municipality had lost
its rights to hearing on the question
of costs.
If it is error to agree in so far as
possible; if it is error not to seek the
advice Of counsel until there is a dis
agreement, then someone" has COM
mitted that error. There has been no
finding as Yet, however that such 4
course is error.
But whatever the finding Of the
Public Utilities Commission, this
bringing of the petition cannot cost
the city anything. Ever since the
city gave to the railroad the very
valuable right Of crossing the bridge.
the city has made all the repairs with
the exception that the railroad has
replanked between it's rails and one
foot outside. There is no question
but that it must pay for the repairs
made last year to that extent. A
statute. it's own charter, expressly
says that it shall. That is q liability
it cannot escape
This petition is the first attempt
ever made by any city government to
have the railroad near its Just pro.
portion Of the maintenance Of the
bridge. The somebody" referred to
il your article is the first person VINO
has ever attempted to discover the
SAtSAl VI lIle OUllSdtlOuS 10
the city. That the investigations
have not been entirely fruitless Is
evidenced by the railroads desire to
avoid a hearing on the merits. 1t
prefers. if possible, to plead the stat
ute of limitations.
1t will be seen that the action
pending before the Public Utilities
Commission is one in which the city
has everything to gain and nothing
to lose. 1t has already served the
useful purpose Of calling to the at
tention Of the citizens Of Augusta the
fact that the railroad may be under
obligations to contribute its just
share toward the maintenance of the
bridge in the future.
If the amendment Of the railroad
should be granted, if the Commission
should find that 1t does not have
jurisdiction to apportion the expenses
heretofore made under an agreement.
still a decision supporting the city's
contention as to future repairs would
be exceedingly important. This is
self -evident. II a decision unfavora-
BILE to the city is reached, the city has
lost nothing. II q decision favorable
to the city, in whole or in part, is