CHAP. 136 Charter of railway company revived and extended. -powers and privileges. Name changed. Section 1, chapter 509, amended. Corporators. -corporate name. -authorized to operate with compressed air, electricity, or animal power, a street railway. -route. -may pass over streets under direction of municipal officers. Chapter 136. An Act to amend the charter of Westbrook, Windham and Harrison Railway Be it enacted by the Senate and House of Representatives in Section 1. The creation and organization of Westbrook, Windham and Harrison Railway Company is hereby ratified, confirmed and declared to be legal and valid and all the provisions of chapter five hundred and nine of the private and special laws of eighteen hundred and ninety-seven relative to the incorporation of Westbrook, Windham and Harrison Railway Company, and all the rights, powers and privileges thereby granted and the limitations therein contained, except as hereinafter provided, are hereby revived, renewed, extended and continued in force; and said corporation, its successors and assigns, shall have and enjoy all the rights, powers and privileges that were granted by said act to be exercised in the same manner and for the same purposes as provided in said act as amended by this act. Section 2. The name of said Westbrook, Windham and Harrison Railway Company is hereby changed to Westbrook, Windham and Naples Railway Company. Section 3. Section one of said chapter five hundred and nine is hereby amended so as to read as follows: 'Section 1. John C. Scates, Russell D. Woodman, Charles M. Waterhouse, Charles B. Woodman and James H. Tolman, of Westbrook, in the county of Cumberland, their associates, successors and assigns, are hereby constituted a corporation by the name of Westbrook, Windham and Naples Railway Company, with authority to construct, maintain, use and operate by compressed air, electricity or animal power, a street railway with convenient single or double tracks, side tracks, switches or turnouts, with any and all necessary or convenient lines of poles, wires, appliances, appurtenances, pipes and conduits, and compressor, electric and other plants for motive power, beginning on Main street opposite Bridge street in said city of Westbrook, and thence over the main road leading through said city of Westbrook, by the house of Mark Mosher in Gorham to the village of South Windham, and thence through said town of Windham, the towns of Raymond, Casco, Otisfield and Naples, to some convenient point in said town of Naples, upon and over such streets, town roads and highways in said city and said towns as may be fixed and determined by the municipal officers of said city and of the several towns aforesaid respectively and CHAP. 136 limit of Gorham approach to village. assented to in writing by said corporation. Provided, that said line of street railway shall not anywhere go nearer to the village of Gorham than the corner known as Mosher's, and that the cars of no other street railroad company, whether organized or to be organized under the general law or any special charter shall ever be allowed to run over the tracks of this company between its terminal in the city of Westbrook and Mosher's exclusive Corner aforesaid; and it is hereby expressly provided that the location of the railway of this company in the main road from Westbrook to Mosher's Corner shall constitute no bar to the location of the tracks of any other company which may derive and obtain the right to locate another street railway in the same main road between Westbrook and Mosher's Corner. right. -location does not railways. bar other location Assent to shall be city clerk brook. filed with of West The written assent of said corporation to any vote of said city and of said towns or of the municipal officers thereof, prescribing from time to time, the routes of such railway and the conditions and restrictions applicable to the maintenance and operation of the same shall be filed with the clerk of said city and the clerks of said towns respectively and shall be taken and deemed to be the location thereof. Said railway corporation shall have the power from time to time to fix such rates of compensation passenger for transporting persons or property as it may think expedient, and generally shall have all the powers and be subject to all the liabilities of corporations, as set forth in the forty-sixth chapter of the revised statutes.' -may fix tariff rates. amended. Section 4. Section four of said chapter five hundred and Section 4, nine is hereby amended so as to read as follows: May pur chase land and ma terial. land may on sanction be taken, of railroad 'Section 4. Said corporation outside of the limits of streets, roads or ways may purchase and hold land and all materials upon it for the location, construction and convenient use of its roads and, whenever for any reason the location of such railway within the limits of any street, roads or ways shall be found by the board of railroad commissioners to be impracticable or inconvenient, land and the materials on it outside the limits of streets, roads and ways may be taken and held for the location of said railway, as for public uses, but the land so taken shall not be more than four rods in width,unless necessary for excavations, embankments or materials and the location of said railway upon land taken by virtue of this section shall be filed and the limit. estimation and payment of damages for land so taken shall be made in accordance with the provisions of chapter fifty-one of the revised statutes.' commis sioners. amended. Section 5. Section twelve of said chapter five hundred and Section 12, nine is hereby amended by striking out the last sentence thereof, so that said section twelve, as amended, shall read as follows: CHAP. 137 Form of construction, 'Section 12. Said railway shall be constructed and maintained in such form and manner and with such rails and other appliances as may be deemed necessary by the corporation and be approved may be approved by the municipal officers of said city and said rails and grade shall by munici pal officers. -changes Section 18, repealed. towns respectively, and upon such grades as the municipal officers of said city or towns respectively may direct; and whenever in the judgment of said corporation it shall be deemed necessary to alter the grade of any street, town road or highway, said alteration may be made at the expense of said corporation, provided, the same shall be assented to in writing by the municipal officers of said city or of said towns respectively.' Section 6. Section eighteen of said chapter five hundred and nine is hereby repealed. Section 7. This act shall take effect when approved. Approved March 11, 1899. Corporators. Chapter 137. An Act to incorporate the Patten, Allagash and Northern Railroad Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. Albert A. Burleigh, Preston N. Burleigh, Parker P. Burleigh, Everett E. Burleigh, Harry R. Burleigh, Parker C. Newbegin and their associates, successors and assigns, are hereby created a body corporate by the name of the Patten, Allagash and Northern Railroad Company, with all the powers, privileges and immunities, and subject to all the duties and lia-powers and bilities provided in the general laws respecting railroads, not inconsistent with the express provisions of this act.. -corporate name. privileges. Authorized to construct a railroad. -route. Section 2. Said corporation is authorized to survey, locate, construct, maintain, operate, alter and keep in repair a railroad of standard gauge, commencing at and connecting with the Patten and Sherman Railroad at some convenient point in the town of Patten, in the county of Penobscot, and extending in a northwesterly direction by the most feasible route through the counties of Penobscot and Piscataquis to a point on the Allagash river in township ten, range thirteen, a total distance of about seventy miles. Said proposed line passes through the towns of Patten and Mount Chase; unorganized townships six, range six; five and six, range seven; and six, range eight, all in Penobscot county; also, unorganized townships six and seven, range nine; six and seven, range ten; seven and eight, range eleven; seven, eight, nine and ten, range twelve; eight, nine and ten, range thirteen, all in Piscataquis county. power. may carry passengers when rail missioners Section 3. Said corporation is authorized and empowered CHAP. 137 to operate its railroad by steam, electricity or any other motive Motive power; provided, however, that said corporation may operate its railroad for the transportation of freight and forest products only; provided, that if the railroad commissioners, after inspection of said railroad, find that it is safe for public travel, they may grant a certificate for the carrying of passengers, and may limit the speed that trains carrying passengers may be run; provided, also, that said corporation shall not be bound to run regular trains between the fifteenth day of May and the fifteenth day of October; but on petition of any ten citizens residing in any county through which said railroad runs the railroad commissioners, after hearing, due notice of which shall be given to trains shall said corporation and petitioners, may determine what service, if any, shall be established on said railroad, and shall certify the same to said corporation. road comfind it travel. safe for -when be run. branches. Section 4. Said corporation may under the direction of the May build railroad commissioners, survey, locate, construct, maintain, alter, and keep in repair branch railroad lines or logging roads, for the purpose of hauling logs and lumber, and abandon said branch lines and take up and remove the rails and other materials placed there for the convenient operation of said branch lines when in the interest of the corporation, the directors may deem it advisable, subject to the approval of the railroad commissioners. Section 5. Said corporation is hereby granted the right to purchase and hold water privileges and other real estate for the purpose of erecting and maintaining power houses for the generating of electricity or other motive power; also, for the location, construction, repair and convenient use of its railroad, the right to purchase, or take and hold, as for public uses, land and all material in and upon it. The land so taken shall not exceed six rods in width for its main line and three rods in width for logging branches, except when greater width is necessary for the purpose of excavation and embankments and for side tracks and buildings, as provided by law; and provided, also, that in all cases said corporation shall pay for such lands, estates and materials, such price as they and the owner or owners thereof may mutually agree upon, and in case said parties shall not otherwise agree, the said corporation shall pay such damages as may be ascertained and determined as provided in the general laws respecting railroads; provided that the land taken for branch lines shall revert to the owner or owners thereof, in case the corporation shall abandon and remove the rails from any of its branch lines built for logging purposes, as herein provided. May hold leges. water priv -take land. damages, tained in agreement. how ascer case of dis -land shall revert to owners in case it is abandoned. CHAP. 137 Exclusive right for twenty-five years. -when road must be bu.lt. May operate lines of telegraph and telephone. -may connect with other lines or lease and sell. Capital stock. Location must be completed -may proceed with construction Section 6. From and during a period of twenty-five years from and after the passage of this act, no railroad shall be built in this state, parallel to the main line of the Patten, Allagash and Northern Railroad, which shall at any point on its line, be less than ten miles from the main line of the Patten, Allagash and Northern Railroad as finally built; provided said Patten, Allagash and Northern Railroad Company shall within five years from and after the passage of this act have built its line of railroad from Patten to some point on the Allagash river. It being the intention of this act to prevent the paralleling the line of the Patten, Allagash and Northern Railroad, but not to prohibit the building of any railroad which may in good faith be built to connect with or cross said railroad without running in the same general direction. Section 7. Said corporation is hereby authorized to own, construct, maintain and operate a line or lines of telegraph and telephone upon and along its lines of railroad, with power to establish tolls on said line or lines. It is also authorized and empowered to connect its line or lines with those of any other telegraph or telephone company or corporation, or to sell or lease its line or lines of telegraph and property and telephone and property, either before or after completion, to any other telegraph or telephone company or corporation upon such terms as may be mutually agreed upon, which sale or lease shall be binding upon the parties; or may purchase or lease any other line or lines of telegraph or telephone upon such terms as may be mutually agreed upon. Section 8. The capital stock of said corporation shall not be less than six thousand dollars for every mile of road proposed to be constructed, to be divided into shares of one hundred dollars each; but it may be increased from time to time, as provided in section five of chapter fifty-one of the revised statutes. Section 9. Said corporation shall have two years in which to complete and file the location of said railroad; provided, howin two years. ever, that they may proceed with the construction of any portion of said line having first presented to the board of railroad commissioners a petition for approval of location, accompanied with a map of such portion of said line about to be constructed, upon an appropriate scale and with a profile of the line on the relative scales of profile paper in common use, and with a report and estimate prepared by a skillful engineer from actual survey. The board of railroad commissioners shall, on presentation of such petition appoint a day for a hearing thereon, and the petitioners shall give such notice thereof as said board deems reasonable and proper in order that all persons may have an opportunity of a por- said road, missioners. |