Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-04-30

ana 10 the petltlOner was proved 10
have heen given as ordered.
Prior to 1895 the statutes of this
State relating to the crossing of one
railroad by another applied of ne
eessity only to steam railroads. The
undoubted reason why before that
time no statute relating to electric
railroads had been enacted was due
to the fact that there were but few
railroads Of the latter character.
When the use Of the highways by
electric railroads became somewhat
general and crossings at grade be-
tween street railways and steam rail-
ways were no longer uncommon.
some legislation with reference to
such crossings became necessary, and
the Legislature Of 1895 enacted Chap
ter u Of the Public Laws Of that year,
and Sections 1 and Of that chapter
remain unchanged at this time, and
may be found as Sections 73 and "a
Of Chapter 81 in the revision Of 1903
and as Sections IS and Is Of Chapter
IS in the revision Of 1916.
The Lewiston. Augusta & Water
vile Street Railway consists in part
Of what was formerly the Augusta,
Hallowell & Gardiner Railroad, which
latter company prior to the year 1899
had built and was operating a street
railway between Gardiner and Au-
gusta. 1t passed along Main street
in the City of Gardiner upon the
easterly side thereof. The main line
Of the Maine Central Railroad Co. ran
along its own right Of way a short
distance farther east, and in 1899 de-
sired to build from its main line a
branch track to certain industries To-
Gated west of Main Street and west
Of the tracks Of the Augusta, Halo
we'll & Gardiner Street Railway. To
accomplish the building Of this branch
track 1t was necessary that the same
should pass over the tracks Of the
street railway and the highway at
grade, and under the provisions of
Chapter II Of the Public Laws of 1895
the Maine Central Railroad Com
pany brought before the Board of
Railroad Commissioners its petition
for approval Of the building Of such
branch track. and after public notice
and hearing the Railroad Commission
made its decree. The following Ian
guage appears therein: All trains on
said branch track before crossing the
Augusta. Hallowell & Gardiner Rail-
road, and all cars on the Augusta,
Hallowell & Gardiner Railroad before
crossing said branch track. shall come
to a full stop within 100 feet Of said
crossing"
This decree was dated August II,
1899. and ever since that date both
railroad companies have been under
obligation to comply with that order
if the Railroad Commission had au-
thority to make it. And so far as this
commission is advised, the order has
been complied with after a fashion
and no attempt to have the same
modified has been made until the
pending petition was presented.
The petitioner presented evidence
from which it claims to have shown
that four times each hour for practi-
caily IS hours Of the day an electric
car passes over this branch track, and
that prior to each such passage the
motorman stops within about 80 foot
Of the crossing. the conductor goes
forward to the branch track, and
upon finding no train approaching
thereon signals for the car to proceed.
The superintendent Of the division
upon which this crossing Is located