The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-01-16
The Portland Bridge.

10 the Editor Of the Press:
The great annoyance imposed upon the pub
lie, and SO long patiently submitted to by the
people of Portland and Cape Elizabeth, in thei,.
passage of the old way and thoroughfare across
Portland County Bridge, whose history was
briefly given in a recent article in the PRESS,
has grown mp in the following manner In
1S41, some eighteen years after the
bridge charter, as mentioned in the article re-
ferred to, the first railroad, the p. S. & p,
reached Portland, approaching over nearly the
same point now occupied by that railroad and
terminating upon the present site of the "Bos-
ton Depot" A single track was laid near the
high bank and across the bridge property be-
meath the wooden structure-protest being
made at the time against such location and
crossings. In this manner the then limited
business of the railroad was done to and fro be-
meath the bridge for a series of years, not how
ever, without great annoyance and serious in
juries sustained by the public in their passage
over the locomotives and cars as they puffed,
whistled and ratified backward and forward
beneath the affrighted horses.
But the little depot site and the modest con-
neetlon of single main track and q few short
branches-although at first thought to be am
pie accommodations, soon became crowded and
oyerworked by the increasing business which
years had elapsed the railroad company was
found to be purchasing additional territory, con-
sisting chiefly of flats lying below tide water
These purchases of different lots and of differ
ent parties continued up to 1864 when the rail-
road company had gained possession of all the
lands and flats lying between Canal or Com
mercial street, and the harbor line in one di-
rection, and between the old depot site on State
street, and the Portland Bridge in the other
direction.
Now considerable area of lands and
flats adjacent to but not essential ap-
purtenances of the bridge were owned
by the bridge proprietors, and by them
sold, at the time of the Cape Elizabeth
purchase of the bridge those lands and flats ly-
ing between the foot of Braekett street and the
channel of Fore River-their eastern boundary
being the eastern line of Bracket street pro-
duced by the channel, and they also lie "east-
erly of said Portland bridge" These lands and
flats were never part of the bridge grounds
proper, but were purchased of different parties,
subsequently to and separately from the pur-
chase OF the flats whereon the bridge was erect
ed, the flats upon which to build the bridge,
were purchased under date of Nov 18th, 1923.
The flats sold as not being requisite for bridge
purposes were purchased under date of Nov.
LIST, 1874 and were bounded by the former pur-
chase as determined by plans and records of the
bridge proprietors then already made. They
were sold under the same description with
which they were bought, as ''land and flats de-
scribed in deed thereof made to u.s. Nov list,
1924.
After passing different hands, among them
W. w. Thomas, these flats were rightfully
enough purchased by the Z. S. 81 p. Railroad
Company But that no part of the bridge
structure or flats beneath it was owned by Mr..
Thomas or by him sold is plainly shown by the
conveyances-whlch indeed established the
converse at once, and close all controversy by
reserving and excepting "our bridge called
Portland bridge and the flats under the same"
The bridge proprietors also reserved the use
of the flats so sold $50 far as may be necessary
of the said bridge"
That disposition to possess the bridge
grounds has existed seems to appear in the su-
pertiuage of conveyances bearing the recent date
of 1864, and which claim through and under
the original deed OF the proprietors. These re-
cent grantors have conveyed all possible rights
and privileges in the land and flats upon which
said bridge is built that may in any wise apper-
tain to us, which possible rights and privi-
leges' In view OF the original deed cited above
if suggestive of a remoter desire-cannot pos
sess much 'possibility" Railroad crossings
are necessity among us and all reasonable
men willingly accommodate themselves to the
inconvenience, and endorse the great public
utility and subseryience in the public mind
which railroads afford, but at the same time
every one who at all understands the public
welfare and safety even, will give a loud voice
against all monopoly and dusurpations; against all
tampeIing with public rights and privileges;
very different, however, must have been the
possible" views entertained, which prompted
the erection of those tracks; seeming inva-
sion of the public rights and appropriations of
public property That those tracks were i'm
posedu the public way without the authori-
ty and in utter disregard Of the requirements of
law, seems to appear from the sworn statement
of the official who caused their location in '66
and 81. The court reports gives the statement
in these words, 81 do not think any one but
myself had anything to do about it.
81 made no formal application
and received no formal permission. The gem
eral statute declaration affixes the character of
apublic nuisance to all crossings thus unauthor-
lied and arbitrarily made. q. L. 5.
Cape Elizabeth, Jan. 10th, 1872.