Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-12-02
STATE HOUSE
r u b ic Utilities Commission
Gives Decision and Orders
Two Hearings - Nominations
by the Governor
NEXT COUNCIL MEETING
DECEMBER Is

The Public Utilities Commission an
nounced Wednesday the following de-
cislon In the matter of the citizens of
Hampden and Bangor VS.. Bangor Rail-
way & Electric Co.
"Twenty-one citizens of Hampden
and Bangor made, in writing, COM
plant to this commission. Upon such
complaint formal notice to the respon-
| dent was given as required by law.
The respondent filed it's answer and
demurrer and hearing upon the de-
! murrer was had.
The complaint alleges in substance
that In the town of Hampden is a GER
tam highway bridge crossing a stream
known as the Souadabscook stream,
and that not far distant from such
highway bridge the respondents cleo
trlc railway passes, by reason Of the
manner in which it is constructed OBJ
structs the view of persons passing
over said highway bridge and along
the highway beyond to and across the
tracks Of the respondents railway a
short distance beyond the bridge. This
railway does not cross the highway
bridge or run along the highway, but
passes over said stream on it's own
right Of way and crosses the highway
in question at grade some little dis
lance from its aforementioned bridge
The complaintants say that the rail-
way bridge formerly existed as a
somewhat open structure and did not
Hhstruct the view of travellers along
tie highway who We're approaching
the above mentioned grade crossing
but that recently the railway company
has converted its bridge into covered
bridge some 16 feet in height and this
structure prevents travellers from
having fair view of the grade crossing
The compliments ask the commission
! to order the respondent to remove so
much of its bridge as obstructs the
view of travellers along the highway
The only section of the Utilities Act
under which this petition could have
been brought is Section A. Chapter I29
Public Laws of 1913, which provides in
substance that upon written complaint
against any public ~utility by 10 or
more persons that any of the rates,
tolls, charges or schedules are in any
respect unjustly discriminatory, or
that any regulation, measurement,
practice or act of said public utility
is in any respect unrea sonably insult
ficient or unjustly discriminatory. or
that any service is inadequate or cam
not he obtained, the commission may
investigate and make proper orders. 1t
Will be seen that the provisions of this
section relate entirely to the incidents
OF the service which the utility is rem
dering to the public by means of ia
cihties which it is employing in its
service to the public, and the respon-
dent claims, in support of it's demur-
rer, that the petitioners do not allege
any failure upon the part of the re-
spondcnt to fully comply with the law
with reference to it's service to the
public. but rather complains that Il
certain structure employed by it con-
stitutes an obstruction to travel upon
the public highway; and that, if such
structure does constitute an obStruc-
ton to travel upon a public highway,
this commission is not the proper
court in which to determine and rem
edy that condition of affairs. 1t is also
claimed by the respondent that the
situation would he different if the rail-
way occupied the bridge also used by
the public as a highway, or if the con-
ditlons existing at a grade crossing
were under consideration.
we are unable to see how this rail-
way bridge. fashioned as it is, has
anything to do with the rates, tolls
charges Or schedules: the regulations,
measurements, practices or acts: or
! the inadequacy of the service Of the
!
do not claim such to he the case, but
merely complain that the bridge is an
! obstruction which renders travel along
| the highway announcement or unsafe
over this matter we have no jurisdic-
ton. We have no jurisdiction over the
| highways as such. and only in cases
where a public utility is occupying a
highway. and some of its practices
thereon constitute menace TO the
public. Where a public utility is using
structure upon its own private prop
erty, and such use does not affect the
rates or character or quality Of its ser
vice as defined In the above named
Section Al, we have no jurisdiction to
go outside and determine that such
structure is or is not a menace to trav-
Ell upon a public way over which we
have no control. The courts of our
State will remedy the situation. upon
proper proceedings. if the facts and
circumstances make such remedy ne
cesSary.
1T is, therefore
Ordered, That the demurrer Of the
respondent in the above entitled cause
be, and the same hereby is, sustained.
Hearings Ordered on Petitions