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charter or act, we have little doubt but that this railroad corporation is now sufficiently authorized to locate and construct its track to any portion of what was originally known as the Dodlin Quarry, whether the prayer of the petitioner here is granted or denied. Counsel for the parties who opposed the extension of this branch track, contends that notwithstanding the terms of the act aforesaid, this branch road was constructed largely, if not wholly by those who now are interested in the corporation known as the Dodlin Granite Company, and for their special benefit; that at the point named as a terminus of the contemplated extension named in the petition, there is in fact no manufacturing establishment such as the language of the statute contemplates; that there is nothing there manufactured, that there is nothing but a quarry from which stones are taken out and carried elsewhere to be manufactured. On the other hand the petitioners claim that the quarry to which they desire to extend their track, is in fact, adjoining and is a portion of what was originally the Dodlin Quarry; that the parties operating this portion of the originally Dodlin Quarry bave erected there three derricks and a shop in which their tools are sharpened and stored ; that, by reason of having no railroad track reaching to said quarry, or right of way to or from said branch, the parties operating the same are obliged to cart the stones there quarried three miles to the main line of said railroad at Norridgewock village and there cut and dress the same, which it railroad facilities were granted such as are asked for here, the work might be wholly carried on at the quarry aforesaid ; that notwithstanding the difficulties under which they are now laboring, they have quarried, dressed and shipped 225 car loads of stone during the past year.
What constitutes a manufacturing establishment, within the meaning of the statute, is somewbat difficult to determine ; but we cannot doubt that a granite quarry from which blocks of stone of certain dimensions are quarried and partially cut, and in some degree finished with tools, such as appears is being done at this quarry, is “a manufacturing establishment”
within the meaning of the statute. Whether or not, standing alone, it could be considered of such importance and the business of such magnitude that the construction of a railroad to it would be deemed a public convenience, such as would authorize the taking of private property, in its construction, is not for us to determine. Sufficient for us is the fact that the Legislature has authorized the construction of a railroad from the main line of the Somerset Railroad, to the Dodlin Quarry, of which this quarry was originally a part.
If public convenience was subserved by the construction of the branch railroad track to the Dodlin Quarry, it must be so subserved by extending it to other portions of it now operated. This branch railroad was authorized and constructed, (no matter who built it), not for private, but for public purposes. It must now so be used and operated.
We therefore determine and order that the Somerset Railroad Company may extend said branch track as prayed for, and that they may construct the same as follows:
Commencing at a point one hundred feet back of the switch at the terminus of the main line of said branch railroad track, and convenient to the three degree curve that extends towards the hill, and curving to the right upon the line of the siding or extension as the line is now located and marked by cedar stakes, a distance of seven hundred feet with a deflection to the right from the point of departure from the main line aforesaid, of one hundred and twelve degrees to a tangent point; thence by a tangent a distance of two hundred feet to the manufacturing establishment of Lawton, Emmons and Company, the right of way to be three rods in width.
In witness whereof, we have hereunto set our hands this fourth day of November, A. D. 1890.
By the Board.
E. C. FARRINGTON, Clerk.
Action of the Board on petition of the Directors of the Ken
nebec Central Railroad Company asking the approval of the extension of said road to South China Village.
Pursuant to the foregoing petition and order, the Board of Railroad Commissioners met at the time and place therein mentioned and after a hearing issued and approved the same as follows:
We, the undersigned Railroad Commissioners, having given a public hearing on the within application, and being satisfied that all the provisions of Section 10 of Chapter 51 of the Revised Statutes, and of Chapter 96 of the Public Laws of 1887, have been complied with, hereby approve the same.
In witness whereof we have hereunto set our hands this twenty-fifth day of November A. D. 1890.
Signed by the Board.
E. C. FARRINGTON, Clerk.
Action of the Board, on petition of the Directors of the Port
land and Rumford Falls Railway, asking the approval of “Articles of Association”.
Pursuant to the foregoing petition and order of notice, the Board of Railroad Commissioners met at the time and place therein mentioned and after a hearing, issued and endorsed on articles of association the following certificate :
We, the undersigned Board of Railroad Commissioners for the State of Maine, baving carefully examined the within articles of association, and after a public hearing thereon, being satisfied that all the provisions of sections one and two of chapter 51 of the Revised Statutes have been complied with, hereby approve and endorse the same.
In witness whereof we have hereunto set our hands this fourth day of December, A. D. 1890.
Signed by the Board.
E. C. FARRINGTON, Clerk.
Rules of the Board of Commissioners,
ADOPTED DECEMBER 31, 1890.
1. Regular sessions of the Board will be held at their
on the first Tuesday of each month, at ten o'clock in the forenoon, and when practicable, all hearings on applications to the Board will be held at such regular sessions. 2.
All applications to the Board must be in writing and signed by the person making such application, or if a corporation, by its agent or attorney.
3. Applications for approval of articles of association, in organizing railroad corporations under the laws of the State, shall be by petition to the Board, setting forth briefly the formation of such association, its name and gauge and route of the proposed railroad, and such application shall be signed by one or more of the directors named in the articles of association. Upon reception of such application, a hearing on same shall be appointed, and reasonable notice thereof ordered and published in such newspapers as the Board may designate.
4. When railroads are hereafter constructed across highways or other public ways, applications shall be made to the Board, and the manner and conditions of such crossings determined, before corporations shall enter upon the construction of such railroads.
5. Applications or petitions may be presented to the Chairman, or addressed to, or delivered to the Clerk of the Board, at Augusta, Maine.
6. The Clerk of the Board shall keep a Journal of its proceedings and a full and correct record of all petitions and applications filed, and of all orders and decisions of the Board. Said record shall be open for inspection to all persons interested, and certified copies thereof, on application therefor, shall be furnished by said Clerk for a reasonable compensation.
7. In all bearings the Board will be governed, so far as applicable, by the rules of the Supreme Judicial Court of Maine, and the petitioner or applicant will in all cases be entitled to open and close.
D. N. MORTLAND,