Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-05-21
BRIDGE DECISION
iContinued From Page One)

The prayer of the petition, Is as fo.-
lows:
WHEREFORE The City Of Angus
IA prays that the whole matter -,
forth IN this petition may be review
ended By YOUR Honorary Board 10 the
end thai If public safety requires ad-
Gl-lonal repairs. renewals or strength
sn11g q paris 10 said bridge you wall
SO order; tia, you viii make such APP
po-tionmsnt Q. the expenses for the
repairs, renewals and Strengthening
q parts already made and for such
further repairs, renewals and
strengthening Of parts as you may
order, IS your Honorable Board shall
deem Just and fair, and tha, due not
ice b ordered hereon. hearing had
and this cause determined as By law
required"
TIE respondent seasonabiy fled q
molten 10 dismiss, setting up four rea-
sons why lis motion should be grant
ed. viz:
ID Because the repairs and alter
ations are alleged 10 have been made
by vir-ue OF an agreement between
the City and the Railway. and this
Commission las 10 jurisdiction 70
const-ue said agreement or enforce its
terms;
90 Because said repairs and al
tera1ions are alleged 10 have already
bean made and paid for by the City
under tie terms q said agreement
and hence there Is now 10 occasion or
2 --r
termine, II the language Of Sec - Of
Chap. 81 Of the Revised Statutes. the
repairs, renewals or strengthening q
parts, or If necessary, the manner OF
rebuilding such bridge. required to
make me same safe for the uses 70
which il { put
~ Tia, il would now be iu2pos-
sible to determine what repairs etc
were perhaps necessary n August,
1914
- Because there is 10 alles.tion
Of any present condition c. the bridge
requiring action by this Commission
or any occason o. authority 10 al
temp- 10 appor-.on the expenses u
repairs. etc until such repairs are
made necessary by an unsafe ccnci-
ton q tire bridge
A hearing upon the motion vas haT.
and both parties were represented ny
counsel. Respondent made an oral
motion TO amend its motion 70 dis
miss and The same was subsequently,
put into written form and granted
This molten Is as follows;
And row core7 the Lewiston. AL
gusra & Wa-erville street Railway
and moves ID amend IL Motion =
Dismiss II The above matter, b. sub
sIitUting fo- ire preliminary state
rnent in said motion The following:
AND COW comes the lewiston Az
gusta & Waserville Street Railway
and mores that al that part Of the
petition o. said City 81 Augusta which
refers To repairs. renewals. AMI
strengthening 81 paris q said Cony
Street t7i3ge. already MADE. ard
praTine fd- review q tbs same and
an arpcr1lorrne77t - me costs thereof
BE- .s!srs.sse5. to- tEe reasons st forth
in paragraphs !. and 3. and that
said re-itlo1 be dismissed for the rea-
sons set EortA IN. paragraph numbered
q" s.
~ Tie herring above referred -
courSe! fo-,escn party fully stated his
views. and eocss fed 4 brief.
Although me petition requests that
tt1iz Commission review he whole
matter ID Inc end that T public safe
= requires additional repairs. renew
ais or Strengthening # parts YOU MAJ
50 order. il v-as frankly stated a the
hearing mat nothing more vas 20 be
don. 70 the bridge except 70 cause :
10 be painted
The Commission. therefore. has for
Determination tire question u is 5ur-
isdic-ion. in view u the facts stated
II the petition and the law as found =
SEC. = Of Cnapie- 81 Of The Revised
Statutes, which section READS az Ioi-
lows:
SEE. -. Bridges erected BY any
rl1un!cipali.r. over which any street
railroad passes. shall be constructed
and maintained in such manner an
condition. g TO safety. as he board