Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-11-15

on nehall Tue Tempe, III tue ClOsluS huuT OF MS
term of service, was the browning honor of the
duties of the position from which he was about
to retire. This pleasant episode was followed
| by the rendition of an original song by F. II.
| SteamS, which, in turn was succeeded by the
recitation of spirited poem by Templar Kin
dred
| The grand officers then proceeded to install
the following officers Of the temple: Worthy
Chief Templar, George W. Wheeler; Vice
| Chief Iemplar, Charles A. Marsh; Record
| en- Henry A. +. IIoyt; Assistant Recorder, J.
B. Chaplin; Financial Recorder, Ed. L. Spald-
| ing; Treasurer, Geo. W. Gomez; Usher, c. C..
Munsell Deputy Usher, Henry c. Chessman; ;
Chaplain, John Merrill; Guardian, NJ. Lincoln
Sentinel c. f. Lawrence,
| Templar Elkns sung an appropriate song,
and Grand Worthy remplar Clapp then gave a
| few words Of counsel to the temple, congrat-
| ulating the members on the progress ofthe past
and extending to them his best hopes Tor their
future success. A song by Miss Munsell,
speeches by G. W. Usher Babb, Past G. W.
Tempar Wilkinson, the Oldest member OF the
order in New England, W. c. T, Hammond of
Waltham, G. W. {. T. J. Austin and others,
songs by P. &. W. T. Blanchard and the Misses
Gard, and instrumental music by Templar G. P.
! Morrison closed the exercises at the hall.
Under the direction OF Mr.. Munsell, chair
man of the committee Of arrangements, the
members of the temple, accompanied by their
guests, repaired to Lincoln hail. where the la
dies had provided Il collation.. The time was
pleasantly spent until about midnight, when the
company separated.
Worcester Temple of Honor has been organic
ed eighteen months, and has a membership of
about one hundred and fifty The organization
| is recognized as one of the most powerful inhu
ences now at work in carrying on the temper
ance reform in this city. The new officers be-
| gin their duties under the most fattering au-
Spices and the temple bids fair to increase rapid
| ly in membership and in usefulness.
The grand temple Of Massachusetts, will hold
its semannual meeting in this city to-day.
Report OF THE COMMISSIONERS ON THE Lo-
CATION OF THE UNION PASSENGER DEPoT.-
The hearing before Judge Wells was had yester-
day, according to appointment The following re-
port, from the Journal of last evening, shows
how little was accomplished, and where the
question now rests:
The commission appointed by the supreme
| judicial court, consisting of Hon. Geo. T. Bige-
| low, Hon. Onsl0w StearnS aud n. j. Bradlee
ESQ., to determine upon which of two sites the
| proposed union passenger station in WOr-
| ceSter shall be located, submitted a report this
morning, and hearing of parties, pro and con,
on the report was had before Judge Wells in
chambers. The commissioners, Hon. Onslow
Stearns dissenting, reported in favor of the
| present site of the Boston and Albany paSSen-
| Tcr depot east of Grafton street, in which they
are sustained by the city of Worcester, the
| Boston and Albany railroad company, and the
| Boston, Barre and Gardner railroad company.
| The opponents to the location are the Worcester
| and Nashua, Providence and Worcester, and
| Norwich and Worcester railroad corporations
| The Boston, Hartford and Erie railroad also oh
| lect to the award of the commissioners on the
| grOundi hat while they are party in interest as
lcssees Of the Norwich and Worcester railroad
they were not consulted in the matter, neither
| were they heard before the commissioners. The
hearing to-day was for the purpose of deter
mining whether the report shall be affirmed by
the Supleme court and decree entered in ac-
cordance with its finding. L. L. Nelson, city
solicitor, and Hon. Dwight Foster, appeared for
the city Of Worcester; Attorney General Hoar
and George S. Hale Esq. for the Boston and
Albany railroad; Hon. w. w. Rice for the Nor
witch and Worcester railroad; Hon. Geo. L. Hoar
for the Worcester and Nashua; Hon. p, Emory
Aldrich for the Providence and Worcester, and
f. F. Guulding for the Boston, Barre and Gard
ner railroad. Mr. Nelson opened the case and
moved the acceptance of che report of the COM
missioners. He proceeded TO give the court
brief statement of the steps which have been
taken up to the present time.
Mr.. Nelson, in reply to an inquiry of the
court, said that no objection had been filed to the
award of the commissioners. Motions had, how
ever been made by the Worcester and Nashua
and Norwich and Worcester railroad COM
Dany for the vacation of the decree and
report for the reason that the commission
ers had no jurisdiction, inasmuch as the
Providence and Worcester, the Nashua and
Worcester, aud the Boston, Hartford and Erie
railroads have never accepted the act of
1911 and are not covered by it. The motions of
the Norwich and Worcester aud the Providence
and Worcester roads to yacae the proceedings
were on the ground that the act creating the
! commissioners was unconstitutional and void.
The trustees of the Berdell bonds of the Boston,
Hartford and Erie railroad moved that the
order creating the commission be set aside or va
catcd, on The ground that they being parties in
interest had no notice The aSSgnees in bank
ruptcy of the same road made similar motion
on the same ground.
Mr.. q. T. loar asked the court TO direct the
order in which the several parties in the case
shall be heard claiming for the Worcester and
Nashua road the opening and closing arguments
and evidence ON fits motion to vacate of the or
der appointing the commissioners. He suggest
ed that the motion of the Boston, Hartford and
Erie railroad should be heard first.
The court declined to hear the Nashua and
Worcester road on the motion to vacate the pro-
ceedings, on the ground that the motion should
have been made at an earlier period in the case.
Judge Wells decided that the motion to yacate
the award only, was in order.
| Mr.. f. L. Hoar, with the view of saving time,
suggested that inasmuch as the case would prob
ably he carried before the full bench steps be
taken to waive the questions of law only. 1t
was of the utmost importance TO his clients that
this case should be concluded as early as posi-
BILE, under the act of the legislature the depot
was required to be finished in year from next
spring.
| Mr.. Geo. F. Hoar offered additional arguments
in support of his motion on the ground that
legal notice had not been given certain roads of
the choice of the commissioners, and that other
roads would be compelled to construct new lines
OF road and divert the funds of their stockhOld-
ers into channels which were not contemplated
by their charters.
The court informed the council that it would
be better TO submit statement in writing of the
facts upon which they relied, and then called
upon the trustees OF the Boston, Hartford aud
Erie railroad TO present their case.
MeSsrS. W. &. RUSSELL Thornton X. Lothrop
and r. Il. Bishop appeared for the assignees and
trustees Of the Boston, Hartford and Erie road.
Mr.. Russell addressed the court, contending that
his clients were party in interest and entitled
TO notice of the original order appointing
the commissioners, and of all subsequent pro-
ceedings; that they had not received such no.
tce; that the appearance of council on their be-
half at the hearing at Worcester was TO suggest
this want of notice, and did not waive the defect,
and that, therefore, the proceedings were void,
and should be set aside.
A discussion arose us to the claims of the va
riOns parties in interest in the Boston, Hartford
and Eiie road to be represented, aud it was con-
coded on all sides that either ine assignees or
the trustees were the legitimate successors of
the corporation.
Mr. Russell, resuming his argument, essayed
to prove that the report Of the commissioners
upon their action in the matter of allowing MIR.
Lnthrop TO appear us the representative OF the
trustees and asSignees, at the hearing, is errone-
Gus. Mr.. Lothrop had appeared on thai occa-
sion for the special purpose of moving post
ponement o the hearing, and was only thus far
admitted to prove which he proposed to intro
duce Interchangeable report and an affidavit by
Mr. l.oIhrop.
Mr. Foster commended that neither of these
were sufficient proof to conlravene the unani-
nous assertion of the commissioners that Mr..
LOthrop was allowed to appear
motion was offered by Mr. Russell TO in
struct the commissioners to report the facts in
detail on which they found that MIR. Lothrop re-