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Decision of the Board, on petition of the Rockland, Rockport & Camden Railroad Company, for approval of railroad location. Decision November 30 1889.

STATE OF MAINE. The above named corporation, by law established, having made a survey of the route of their contemplated railroad, and as appears, having complied with all the regirements of law relating to same, now asks the Board to find as a matter of fact, that public convenience requires its construction, and to approve the location thereof, as provided by section 6, of chapter 51 of the Revised Statutes.

At our hearing on the application for approval of location, which was held at the Court House in Rockland, on the twenty-second day of October, 1889, and from an inspection of the route by the Board, it appeared that the route of said contemplated railroad is as follows:

Commencing at a point near the center of the village of Camden, on land of the heirs of Sarah Eastern; thence extending in a southwesterly direction through the village of Rockport in said town of Camden; thence southerly and westerly along and near the shores of the harbor of Rockport and Penobscot Bay, to a point near Maverick street in the city of Rockland; thence curving westerly and southerly around the thickly portions of said city of Rockland, to a point of connection with the Knox & Lincoln Railroad in said city, near the point where the depot of that road was formerly located.

Since the survey of the proposed route was made, the Lime Rock Railroad Company, a corporation having a charter from the Legislature, has located and built a railroad over and along a portion of the route above named, viz: from the point above mentioned on Maverick street in Rockland, to a connection with the Knox & Lincoln Railroad at substantially the above named point, as shown by the plan of survey. That the portion of the Lime Rock Railroad above described, may and will be used by the petitioners, as a part of their contemplated road, there can be but little doubt. In any event, it does not appear that public convenience demands that two lines of railroad should be built from and to the same points, over substantially the same territory; neither did it appear by evidence offered by the petitioners, at said hearing, that it is their intention to locate or build that portion of their railroad, even if approved by this Board. That public convenience will be subscrved by the construction of a railroad from Rockland to Camden, as above described, and that the business interests of the two enterprising villages of Rockport and Camden will be greatly promoted thereby, we cannot and do not doubt; but we cannot bestow authorrity to one corporation to locate a railroad upon territory occupied by another; neither do we deem it wise to authorize parallel roads, when one will answer all needed purposes.

From the inspection above mentioned, and from the plan and protile submitted, we are convinced that the route from the point named in Cumden to Maverick street in Rocklan, its located, is the most feasible of any that could be selected, ind that the same can be constructed by a reasonable ouilty per mile.

. We, therefore, time that the public convenience requires the construction of it railroad to and from the points named in the petitioners' application, and hereby approve so much of the location thereot, ils lies between the point above mentioned in Camden village and Maverick street in Rockland.

Signed by the Board.

E. C. FARRINGTON, Clerk.

Decision of the Board on petition of the Georges Valley

Railroad Company, for approval of location. Decision November 30 1889.

STATE OF MAINE. The Georges Valley Railroad Company, a corporation organized under the laws of the State, for the purpose of constructing and operating a railroad from Union common, so called, in the town of Union in the county of Knox, to a junction with the Knox & Lincolo Railroad, in the town of Warren in said county, having made a survey of the proposed route, as set forth in their petition, ask for an approval of same, as provided by section 6, Chapter 51 of the Revised Statutes. At a hearing given by the Board on said petition, due notice of which had been published as ordered, it appeared from the plan and profile submitted, that an exceedingly feasible route had been selected, starting from the point named, in said Union, and extending down along the Georges River Valley, through a portion of said town of Union and of the town of Warren, to a junction with the Knox & Lincoln Railroad near the station of said railroad in Warren, a distance of a little over eight miles. From the evidence submitted at said hearing on the part of the petitioners, it appeared by the construction of said proposed railroad, villages containing nearly one thousand inhabitants, would be given railroad accommodations, and many important manufacturies, now existing on said proposed route, afforded railroad facilities, and that the cost of construction of said road, as appeared by the estimate of a competent and skilful engineer, would be much less per mile than the ordinary amount required in the construction of railroads in New England. The Board of Railroad Commissioners, therefore, finds that public convenience requires the construction of said proposed railroad, and approves the location thereof as shown on plan and profile submitted.

By the Board.

E. C. FARRINGTON, Clerk.

Report and Decision of the Board, on petition of the Select

men of Strong, for a separation of grade of highway with Sandy River Railroad, and determination of manner and conditions of crossing same. Decision November 30 1889.

STATE OF MAINE. To the honorable justices of the Supreme Judicial Court next to be held at Farmington, on the first Tuesday of March, A. D. 1890.

The petitioners, the selectmen of the town of Strong, in the county of Frankin, presented to the Board, on the fifth day of October, A. D. 1809, a petition setting forth that they had laid out a town way within the limits of that town, passing under the track of the Sandy River Railroad Company; that the same had been legally accepted by the inhabitants of said town; that said municipal officers and said Sandy River Railroad Company were unable to agree as to the manner and conditions of said town way crossing said company's right of way, and as to the expense of building and maintaining same, etc., and praying the Board, after notice and hearing, to determine the manner and condition in which the said town way should cross the right of way, under the track of the said railroad company, and whether the expense of building and maintaining the same should be borne by said railroad company or by said town, or that the same should be apportioned between them as provided by law.

On the reception of said petition by the Board, a hearing was appointed to be held at Porter's Hall, in the town of Strong, on the fifteenth day of October, A. D. 1889, at nine o'clock in the forenoon, and notice thereof was ordered to be published in the Farmington Chronicle, a newspaper published in Farmington in said county, five days before the day of said hearing. On said fifteenth day of October, the Board of Com. missioners met at the time and place mentioned in suid order, and it then and there appearing that notice of same had been

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given as ordered, the Board viewed the location of said way and gave a hearing to all persons and parties who appeared for that purpose.

W. Fred P. Fogg, Esq., of Strong, appeared as counsel for the petitioners, and P. A. Sawyer, Esq., of Phillips, for the Sandy River Railroad Company.

The application of the petitioners, is founded upon the provisions of section 27, of chapter 18 of the Revised Statutes, as amended by chapter 310, of Public Laws of 1885, and chapter 282, of Public Laws of 1889, which section as amended is as follows:

“Sec. 27. Town-ways and highways may be laid out across, over or under any railroad track, in the same manner as other town-ways and highways, except that before such way shall be constructed, the railroad commissioners, on application of the municipal officers of the city or town wherein such way is located, or of the parties owning or operating the railroad, shall upon notice and hearing, determine whether the way shall be permitted to cross such track at grade therewith or not, and the manner and condition of crossing the same, and the expense of building and maintaining so much thereof as is within the limits of such railroad shall be borne by such railroad company, or by the city or town in which such way is located, or sh:ll be apportioned between such company and city or town, as may be determined by said railrond commissioners. Said commissioners shall make a report in writing of their decision thereupon to the supreme judicial court, at its next succeeding term to be held in the county wherein such crossing is situated, and also shall make a report of such rulings, proofs, and proceedings as either party desires, or as they deem necessary for a full understanding of the case.”

At said hearing it appeared from evidence introduced by the petitioners, and also by the view aforesaid, that at the point where petitioners desire to have said way pass under said railroad track, said track is now crossed at grade by the highway leading from Strong Village to Farmington; that said highway, at the time the railroad was built,

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