Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-13

close At MANU. AVoOt9 the Only WI
hat is now in progress under the
Erection of the highway department is
he construction of the highway in the
'reeport section under the joint direc-
ion Of the State and Federal govern
nents. II is thought that this splendid
tretch of highway will not be completed
or many weeks. The Bath city govern
nent recently appropriated $500 for the
continuation of State Aid road TO
,osed projection of the Federal high
way.
Protection Of Abutters on Highways.
In regard to protecting abutting prop
vty in case of excavating for the pur-
,ose of road building il is necessary for
he road builder to protect the abutting
property by building perpendicular walls
to furnish necessary lateral
support to the land Of the abutter,"
,tates Hon. William r. Pattansall of
Y atervilIe, the attorney general, III q
decision rendered Monday. in response
o an inquiry made by Paul .. Sargent,
he chief engineer of the state highway
Commission.
Mr.. Sareent's Inquiry
MI Sargent's letter covering the mat
er is as follows.
Occasionally the question arises as
o what rights the highway commission
" municipal officers of a town have with
aspect to making AT excavation. OF fill
where tie slope Iii extend be! end the
DAD limits. 1t seems 10 me that i'll a
:ase OF this kind we would have no
light to encroach on the abutter's prop
1rty without taking the necessary extra
right Of way and paying therefor. Pro-
rided this is the case, is there any means
by which this could be done on State
aid highway, except through the provi-
sions Of Section II of Chapter 100. Public
Laws of 1919.
The question sometimes arises about
making an excavation close TO a prop
er.y line, particularly in our work with
aspect to draining structures. In MAX
ne such excavations We sometimes use
walls to oar cutting. In
such a case would it be necessary to pro-
ect the abuttiSg property to furnish pro-
ection for Their own property: I
WOULD APPRECIATE any advice You can
give on these points,
Attorney Generals Reply
The reply Of Attorney Genera. Pattan-
gall is as fell }Ws:
Replying to yours OF recant date:
Where it is necessary to make an eXca-
-a.inn or FIJI i'll the case where the slope
# the road xtends beyond the road lin
is, think it would be necessary to take
he extra right OF way and pay therefor,
inless some other method TO adjust the
natter could be arranged by agreement
the road builder and the ahut-
ing owner. In the absence Of any
agreement this extra right of way would
iced be taken through the provisions Of
section II, Chapter 10 of the Public
avs of 1913.
In regard to protecting abutting prop
.rty in case of eXcavating for the pur-
lose Of road building. it is necessary for
he road builder to protect the abutting
property by building perpendicular walls
sufficient to furnish necess try lateral
to the .aud of the abutter. This
Iuty falls upon the road builder and not
N the abutting owner"
Reduced r. r. Rates Approved.
The Public Utilities Commission, in
| decision rendered Monday approves the
diving of free or reduced rate transpor-
ation on the petition Of the Lewiston
Augusta & Watervilie Stree. Railway
20, fer permission to issue certain free
md also reduced rate transportation 10
certain classes o. persons and on ac-
.ount of a certain named institution
namely the Andrescoggin Anti-Tubercu-
osis Association. The decision is as fol-
oWs:
THE petitioner requests approval by
his commission. under the provisions
# Section SO of Chapter l2S of the Public
Avs of Maine for the year 1913, TO is
ue certain free Or reduced rate trans
,ortation for persons exclusively en-
.aged in charitable or benevolent work.
nd on account Of a certain named in
titution, such free or reduced rates TO
70 for charitable or benevolent purposes.
The class of persons and institution SO
o be transported and for which APPROX
] is asked Is fully set forth in the petit
ion therefor.
After consideration and In view OF the
act that the petitioner has heretofore
,ranted the kind of transportation re-
uested in such petition to be the same
lass of persons and institution, it is
rdered that the commission approve the
living of the free or reduced rate of
specified in the petition"
3. e. A. Location Approved.
The Public Utilities Commission in a
ecision rendered Monday approved the
ocation on the petition Of the Bangor &
Railroad Co OF q. branch from
point OF Connection with the st. John
diver Extension with the location of the
IAN Buren, Bridge Co.
No one appeared in opposition to the
,ranting of the petition at the hearing
nd the commissioners in their decree
az 1.-THE petitioner having presented its
ocation, defining its courses, distances
nd boundaries accompanied by the way
rst presented. and by a profile OF the
me on the relative scales of paper in
ommon use, and by a report and esti-
mates by skillful engineer from actual
urvey, il is ordered and decreed that
I'll location no md hereby is. ap-