The Portland daily press., 1871-01-24
Hearing on the Cape Elizabeth Bridge
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Hearing ON the Cape Elizabeth Bridge
/ Que StiOH.
AT the last meeting of the City Council Pc
tltion was presented by the Portland, saco q
Portsmouth railroad company asking that
contract made between the city and that com
pany last year and amulled, and the Leslsa-
ture on remembrance of the citizens of Cape
Elizabeth refused to pass the necessary acts to
| make II valid might be renewed. The matter
was referred to Alderman Curtis, Winship AID
Senter and Oouucilmen Dawes, hlce ana has
eltine. Yesterday morning several citizens Of
this city and of Cape Elizabeth appeared be-
fore the committee and presented their views
with regard to the matter.
The contract under discussion is one made
| last year by a special committee, on behalf of
the city of Portland, composed of Messrs. w.
l.. Putnam, Ezra Carter, J. E. Thompson, Ed
ward H. Daveis and Joseph H. Coffin, and the
railroad company and the lessees, the Boston
& Maine and the Eastern companies.
This contract as stated at the time in the
PRESS, provided that the city should widen
Commercial street as far west as the property
of the railroad company extended, to the full
width Of 100 feet southerly, with reservation
to the company of the right to control on the
southerly side OF Ithe street, a strip of 20 feet
for the accommodation of carriages carrying
passengers or express matter to or from the de-
pot. 1t was also provided that the city should
extend State street toward Fore river a dis
lance of 1856 feet, from the southerly line of
Commercial street, and then should construct
from this extension a street | 70 feet in width
to the Portland Bridge.
The company reserve the right to cross this
new street with their new track, but not to
cross it for the purpose of making up trains.
The company agreed to claim no damages by
reason of the laying out of this street.
This is the substance of the contract sought
to be renewed.
At the bearing yesterday morning Mr.. WV.
Thomas, Jr., opened for thesremonstrants, pre-
senting the case in its legal aspects. He stat
ed that the corporators of the bridge received a
perpetual charter from the Legislature IN 1928,
and as originally built, the northern end rested
on Bracket street. 1t was originally toll
bridge, but in 1851 by authority of an act of the
Legislature passed the preceding year, it was
purchased by citizens of Cape Elizabeth ard
others, for $4,000 and given to the community
the County Commissioners being made per-
petual trustees for the benefit of the public.
That the P. S. & P. railroad were merely de-
sirous Of using the city as the catspaw to secure
for them an action from the Legislature that
was unconstitutional. That if the city insist
ed upon taking action in favor of the contract
it would only put the citizens of Cape Eliza
beth to the expense of again going to the Leg
islature and fighting the question, and that if
the Legslature-which refused last year to
make the contract valid only foEr members
voting in its favor-should pass the necessary
acts it would be taken to the Supreme Court.
Hon. w. W. Thomas followed urging the
necessity OF easy communication with the
Cape. He was willing to consider any propo-
stion which gave a better means of commune
cation than Low exists, whenever the company
should make such one. He spoke of the de-
terioration of property at the Cape owing to
the hazards of the railroad crossing the past
year.
Mr.. Joseph Chamberlain Of Cape Elizabeth,
spoke of the trouble and inconvenience the
citizens of Cape Elizabeth were put to by rea-
son of making up. trains at the crossing. He
urged tie city not to put them in worse sit
uation than they are at present.
MIR. Reuben S. Smart of Cape Elizabeth then
spoke against the proposed route.
Hon. William L. Putnam, attorney for the
railroad company, being unable to be present
submitted the following in writing:
The Portland, Saco and Portsmouth railroad
company are DESTROYS of constructing either
alone or in connection with other roads, as
may be found most equitable and convenient
for all interested, at, or near the present 10
cation in Portland passenger depot which
shall be an ornament to the city and afford
ample accommodation in an approved and
modern style to the public aud the numerous
railroads conveying here; and are further de-
sirous Of doing the same upon plan which
will give to our citizens wide and convenient
streets, and will relieve the residents of Cape
Elizabeth of the delays nee tssarily incident to
the crossing of principal tracks Of freight and
passenger railways. A plan calculated to ac-
cOmplish the above results was last year sub
mitted by the city to the various railway
companies interested therein, and after some
negotiation was accepted, subject nevertheless
to certain incidental legislation which portion
of the residents of Cape Elizabeth succeeded
in defeating. By that plan the railroad COM
pany decided to the city sufficient land to
widen Commercial street in front of their
property to the full width OF 100 feet and to
extend State street towards the harbor the full
WlQLQ OF 1UU IeeG duu tutuCo W Luo TISub Tue
full width of7O feet to Portland Bridge-in all
over 10000 of land and fats-and in return
therefor ask only that the.city shall construed
the proposed new street and quit to the rail-
road company the narrow tworod strip now
used as way from the head of Portland
Bridge.
In order further to provide for the possible
future necessities OF the residents of Cape
Elizabeth the company were disposed to give
under suitable regulations the right of support
fl fnrfhar elevate cd hri6Ua n Rrock sfrQQt.
but, as the company are informed. the residents
of Cape Elizabeth still insist on travelling per-
petualy the old two-red PATH the company
has no inducement to hamper themselves fur
ther by.any such amendment to the plan pre-
viously agreed upon. The company is not dis
posed to quarrel over any questions raised
either by the residents of Cape Elizabeth or
any other persons, for the costly privilege of
making this improvement so much needed.
Whenever the same can be amicabIy done they
are ready to renew and forthwith proceed to
carry out the contract made last year or one
similar, with any reasonable changes, that will
leave sufficient space for the construction and
convenient use of buildings sufficiently COM
modous. And they respectfully appeal to you
and to the pnblic, that if this improvement is
not made the responsibility henceforth is not
with them.
After some discussion the meeting adjourn
ed to allow Mr.. Putnam to be heard in the
matter.
1t seems that in 1912 the Portland, Saco and
Portsmouth railraad company built their track
beneath the b.idge. In 1855 the bridge was
lowered to its present position. At that time
there was only two tracks laid. Since that
time four more tracks have been laid, three Of
them side tracks and one through track be
longing to the Kennebec railroad company.
| These three side tracks were indicted as q
nuisance at the last May term of the Superior
| Court, and the verdict of the jury sustained
| the indictment. The case was carried to the
Law Court, but no decision has yet been an
nounced.
| Dr.. Hebbard's Lecture ON Temperamcnts.
The lecture at Congress Hall last evening
was largely attended and was one of the most
| interesting and instructive of the SERIES After
the several lectures upon different sections
and functions of the human body, this lecture
most fittingly illustrated the forces that move
and inspire mankind.
There are four temperaments which are like
the points of the compass. They are rarely
| found in THAR mira state They are-1st. the