The Portland daily press., 1867-07-16
The Eastern Promenade.

To tie Editor Of the Press: ,..f ..r -.--le- .r7.,
Allow me to suggest that the Eastern Prom
enade may still be preserved, if the present
cutting, which had already entered the lower
terrace, is continued BY ramp from the sec
ond terrace, to the carriage road, and there the
cutting stop for the present. 32'+'1
AT the meeting of the Aldermen and Coun-
cilmen in Joint convention, on Friday evening
last q motion to suspend grading until the re-
8 port OF the commission was made, was carried
by large majority. ! am aware that after
wards, in the board of Aldermen, a motion to
suspend, was defeated on the second ballot by
majority of one, which should, in my opin-
ion, be rejected on the ground that the voter is
said to be the owner of flats near the shore
terminus of Congress street, the value of
which will be greatly enhanced, it is supposed
by the present grading, thereby making him
directly interested. This say, without any
reflection on the honor and integrity of the
gentleman; but in view of the law that no
person shall act, or adjudicate on any matter
in controversy wherein he is interested, no
matter how exemplary he may be. As for in
stance, in the case of a jury trial no man is al
lowed to sit on the jury who had any pesuni-
airy interest in the case pending. If his inter
est is discovered before the jury is sworn, he is
at once Withdrawn from the iury-box. If af.
ter, and during the progress Of the trial, the
whole panel is discharged and new jury call
ed. If after verdict, it will be set aside and a
new tIiaf granted, if the verdict favors said iu-
ror's interest This rule is carried in practice
still farther, as in the case of lawyers who
have been promoted to the bench. They new
er try q cause in which they have been engag-
ed as attorneys, although their interest here is
merely that of an attorney for his client. They
always transfer such cases to another Judge.
Now, Withdrawing this vote on Friday eve
ming last, the vote would stand three to three,
giving the casting vote to the Mayor, who, as
he is chairman Of the commission, must have
voted to Stop work until said commission could
report. The Alderman aforesaid, Us also
member Of the Council, are, understand,
members of the street committee, as well as
owners of flats near the shore terminus of
Congress street, and were therefore legally dis
qualified from acting on said committee in this
matter OF North Congress street. say this
merely in view of the law, which is founded
on motives of public policy, excluding inter-
ested parties in such cases, not intending the
slightest disparagement to the honor and in
tegrity of these two gentlemen, which stand
unblemished SC far as the writer knows, We
have the concurrent vote of the two Boards on
june 25th, and the vote in Joint ballot of the
two Boards last Friday evening. that the work
should be suspended until the report of the
commission, which are, it seems to me, the
votes that should control this matter. There is
no present need of grading Congress street
from the Promenade to Munjoy street. any
more than for building a bridge from Fish
Point to Flag Island. The business on the
wharves, etc, on Munjoy fats, when they
shall be built, will be by East Commercial
street, or by the Railroad, or tide waters, and
not over the hill quarter Of mile from the
shore up Congress to North street and thence
the long stretch to Washington street, and
vice versa. BE - .a We q E5s3 od cs
In my opinion, no matter what the grade is,
the grading should be stopped without cutting
the Promedade in two, which as public high
way, one hundred and fifty feet wide, and
mile long, is as much entitled to the protection
the city, as Congress or any other street.
The empty condition of our city treasury does
not warrant the expenditure of single dollar
unnecessarily, and neither does the public
good nor the business interests of our city re-
quire the further grading of Congress street at
present. As to wharf accommodations, there
is spare room enough at our wharves every day
in the week, for o hundred ships to lie and re-
ceive and discharge cargo. lsds 3s
|#tt ~. --. PORTLAND