Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-09-14
PASS IT ALONG
Municipal Officers Can't
Act on Petition
Vote to Refer to Public Utilities Gem.
mission Request for Change Of l. -
& w. Track Location

At the conclusion Of the continued
citizens asking that one Of the l.. A.
& W. tracks be removed from water
street and relocated on Commercial
street. the municipal oficers voted TO
refer the petition to the Public Utili-
ties Commission. City Solicitor Saws
teile had informed them that that body
alone had authority to pass on the
request.
That the citizens Of Augusta haven't
got deeply agitated over the matter
was indicated by the fact that less
than half dozen persons other than
the municipal officers were present at
the hearing. With no further prelimi
naries than the announcement by
Mayor Swift Of the purpose Of the
meeting, City Solicitor Sawtellle was
called upon to give his opinion as TO
the rights which the city Of Augusta
has in the way of acting on the petit
ton.
II have gone into the matter more
deeply than the petition itself would
warrant. as have apprehended that
the desires of the petitioners NAV not
have been expressed in the petition"
he said. LAS regardS the removal TO
Commercial street the municipal ofI-
GERS have no authority. They ma"
change the Location on the same street
hut not 10 another street. The ques-
ton of absolutely disseminating
track is entirely another question and
would involve consideration Of the
rights vested in the Lewiston. Angus
ia & Waterville Street Railway hv
virturc If the permit originally grant
ed to st.
Mr.. Sawtelle stated chat a provis.
ion in the original charter granted
to the old Augusta. Hallowell 4 Gar
diner Railroad Co, provided that the
State railroad commission. on petition
nv the municipal officers. might
grant a change OF location. and he ex-
pressed the belief that the successor
Of the railroad commission, the Pub
lie Utilities Commission. would have
such right.
Thomas c. Ingraham, one OF the
signers of the petition. questioned the
city solicitor as to whether or not
the municipal officers would have the
power to discontinue one track. This
question. Mr.. Sawtelle replied. IL q
difficult one to answer. The weight Of
opinion is to the effect that . fran
chise granted becomes a contract be-
tween the grantor and the owner Of
the franchise, said Mr.. Sawtelle, and
therefore the question involved IL a.
to whether or not one can deprive L
party Of property received by virtue Of
a contract.
Mr.. Ingraham said that when he
signed the petition he had regarded
the reference to Commercial street a.
merely a suggestion. II II IL true.
he said. as has been claimed, that the
railroad was petitioned by the citi-
zens to place a double track On Wa.
ter street, he did not see how the rail.
road can be asked TO make tho change
He said that II seemed 70 him that
the railroad had taken a little advan.
tage and that he believed the officers
Of the city and of the corporation can
get together and work out some plan
for the relief of congestion.
City Solicitor Sawtelle said. in refer.
ence to the petition to which Mr. Tn.
graham had referred. that while he
believed that such a petition had been
filed with the city clerk. the document
cannot he found and that he could nor
say as to how generally the petition
was signed The railroads pe,ition
and the city governments order grant.
ing it are in existence.
The motion TO refer the petition "a
the Public Utilities Commission was
made by Alderman Trouant.