The Portland daily press., 1873-02-03
Reply 10 "N."

/ neYIy
MIR. EDITOR The communication OF M in
your paper of Thursday, defending the crossing
| of the p. S. & z. Railroad at Portland Bridge
| is calculated to mislead, and therefore, reply
| to it. One word as to the history of Portland
Bridge. 1t was incorporated in 1928, with a
perpetual charter. The p. s. & P. road was
not built until about 1912, with its track pass
| ing under said bridge, near where the Bracket
street steps now stand, and where it did not in
terfere with the public travel materially The
bridge was transferred in 1861 to the county,
and the County Commissioners therefore be-
came the custodians of this bridge and public
highway, with the consequent duties of pro-
tecting all its rights and franchises, and it was
after this that the bridge was lowered to its
present grade, landing on Commercial street,
instead Of passing over the railroad, as at first
1t was some years after this that the three ile-
gal track. complained of were laid by the p. s.
& P. road. Now 'tN'' says that this change of
the bridge was made against the wishes of the
p. S. g. P. road, and probably to crafty some
holders OF real estate in the vicinity. Suppos-
ing it be so, does this excuse the P. S. & P. r.
r. for laying afterwards the three tracks COM
PAs'AnSU "a "NAoSo tiio puOiiS WltuOut
first obtaining the consent of the County Com
missioners, as the law requires, which consent
they have never obtained? IN" concludes by
saying, IF the County will replace that portion
of the bridge removed, all the difficulty COM
planned OF will be entirely obviated, and this is
just what the County Commissioners ought to
do Here take issue with On and say that
all these points raised by ''N'' were considered
by the jury in the trial some two years ago. on
the indictment against this road for this NUS
ance, and the road was found guilty by a jury
of the country, and nothing saved the defend
ant from this verdict of guilty, and the abate
ment of this nuisance then, but their appealing
the case to the Supreme Court, majority of
which decided, not that the defendant was not
guilty, but that the indictment was defective in
stating their guilt and therefore quashed the
indictment. Then new indictment in accord
auce with this decision should have been framed,
and the defendant tried and there would have
been no escape from verdict of guilty. Not
that the opinion of the court was right. 1t was
wrong. weaker and more illogical opinion,
in my view, never emanated from any Supreme
bench, but it was the law till reversed. and
should have been at once dispute and the new
Indictment found.
Then, as to ms idea of the county replac-
ing the bridge as it was, not car could pass
under it, on these illegal tracks, the bridge was
before so low, and would be again if rebuilt
These illegal tracks being near the water line
of the harbor, and it is on these tracks that
this road is constantly running and making up
its trains, obstructing not only the travel of our
own citizens, but that of 10000 or 1900 citi-
zens of Cape Elizabeth and Scarborough, whose
business centres here. Some of our citizens
have ceased to cross at all, fearing for their
lives should they attempt to cross. This road,
in fact, sewers one of the main arteries of Port
land.
Now is the time to apply the remedy. The
draw of the bridge must be repaired this year,
and the county should require the P S & p
and other railroads so to construct the bridge,
over these crossings, SO as to make it safe and
free from obstruction, and the illegal rails
spoken of should be at once removed by the p
S. & P. road The road should be made to en-
ter the city by horse power, so as to avoid the
steam whistles. Like Fraklin, we have already
paid too dear for the whistle"
The P. S. & P. Railroad may be indicted, OF
the public may remove these illegal rails, peace
ably as they constitute apublc nuisance. But this
is only last resort and the roads crossing the
terminus of Portland Bridge should arrange
their crossings, by mutual consent, SO as to pre-
serve the rights of all parties, and at their own
expense, as the bridge was built long before
they came into existence. T.