Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-09-13
ATTORNEY ANDREWS
EXPLAINS POSITION
OF ST. RY. COMPANY

y lHt ht1NeDeC JOURNAL
In your article Of September sth, relat-
ing to the decision Of the law court IN
the bridge case, you say. The only hope
of a satisfactory settlement in the case
now left the city lies in law suit This
statement seems unjust 10 the street rail
way and ought to be explained.
At the time Of the hearing before the
Public Utilities Commission the last adj
ninistration and the present administra-
ton expressed their opinions on the sub
Ject in print but the case Of the street
railway has never been published
In conversation with our citizens many
have attacked the street railway because
they said il refused to pay for any re-
pairs on the bridge and expected the city
TO assume all the expense and that il
was relying on nnicality to evade
payment
have found almost no one who knew
that the street railway has always been
ready 10 pay for all repairs made with
in its location on the bridge, nor have
! found anyone who knew that when the
bridge was repaired the street railway
put in. at its own expense steel girders
under Us rails al an expense Of over
$500, thereby greatly sufening and
strengthening the bridge.
The present Street Railway COMPANY
is the successor OF the old Augusta. Hal
lowell & Gardiner Railway Company. the
charter Of which provided, If any street
or road occupied by the tracks of Sc "a
railroad Is paved or macadamized, SAID
corporation shall maintain and keep in
repair suCh paving or macadamiZins be-
tween It's rails and for q space one foot
VIDE outside thereof" Il also provided
such corporation shall maintain and
! keep in repair such portions of the
/ streets or roads as shall be occupied by
The ira cks OF its railroad and shall make
all other repairs Of said streets or roads
| which may be rendered necessary BY the
| occupation Of the same by said railroad 3"
| The liza bility Of the street railway is thus
fixed by this charter and the L. A & W
Street Railway has claimed and honestly
| believes that il is liable only for paving
| and repairs within lis location as thus
| fixed by this charter and it has always
expected to pay such bills and has re-
peatedly offered so TO do.
| An arbitrary charge for one-half of all
| the repairs made on the bridge without
| regard TO what part Of the structure was
| repaired OF whether these repairs were
! occasioned by the occupation of the
bridge by It's tracks has not seemed to
| the street railway a fair Or proper
| charge under the provisions Of this char
ter. No method OF computing the com
! panyS share of the expense of any state
meHt Of the expense incurred within its
| location or by reason of its occupatio of
| the bridge has ever been presented and
no method of computation except to d.
vide the entire expense OF everything by
! TWO.
I In the complaint fled by the city with
/ the Public Utilities Commission il was
! alleged that the street railway had pre-
viously agreed that ali the repairs were
necessary. that the city should go ahead
| and make them and pay the bills and
that the street railway would pay one
| half the expense. AS the street railway
believed the Public Utilities Commission
had no Jurisdiction (Which has proved 70
| be the case instead Of answering the
| complaint with statement OF facts i
| filed reply in the nature Of a demurrer
that is. il set out that even if the state
/ nents in the petition were true. still the
| commission had no jurisdiction.
| It has. therefore. been put in the 30.
| sition of admitting the truth Of these
statements whereas as matter Of fact
| the company's officers and engineers all
deny that they made any agreement with
the city or that they were ever informed
what repairs were necessary or what
| they would cost.
In spite of this. however. the street
railway at its own expense tore Up and
removed all the original planking within
its location and. in addition, between its
tracks and the south abuttment and put
in the steel girders above referred to as
a better foundation for its tracks and has
| always held itself ready 10 pay the en-
tire expense Of all paving and repairs
within its legal location. and no law suit
or legal process Of any kind will be
necessary on the part of the city to col
lect this amount.
! The article in your paper speaks Of the
expense borne by the city without any
| aid as yet from the railway COMPANY
This 10 simply because the city has n.