The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-02-23
THE MARGINAL RAILROAD.
nearing Before The Judiciary C""-
mittee.

The Judiciary Committee OF the Legislature,
consisting of Hon. Messrs. webb OF hennepec,
Emery of Hancock, Boyle of waldo on the
part of the Senate and Messrs. Wilson OF
BANGOR. Pullen of Portland, Cornish of Lewis
ton Keeoan of Madawaska on the part of the
House. were in town Saturday to give hear
inc on the Marginal Railway bill. In the early
morning the committee accompanied by Mayor
Wescott, inspected the line Of the proposed
road and at 1890 assembled in the Common
Council room for the hearing. Hon. T. B.
Reed, City Solicitor, appeared for the bill. He
gave history Of the birth of Commercial
street. and of the connection of the A. & st. l..
u +. S.& I. railroads Herewith. These corpora
tiOns have lately had a falling out. The B. &
NJ. and P. & o. now como into the city, and
they and the merchants are not satisfied with
theIcondition of affairs. 1t has become evident
that some arrangement must be made for the
benefit of all the roads, and it is as evident that
the crowded condition of Commercial street
forbids the granting of any more privileges or
the laying of any more rails in that thorough
fare. To remedy these difficulties two plans
were proposed, one placing the control of the
matter altogether in the hands of the city; the
other to form a marginal way company under
certain conditions and under such control by
the city as is set forth in the BILL Mr.. Reed
then explained the bill as granting equal facili-
ties to all railroads. and as relieving CONNER
cial street from impediments to business and
travel None of the corporators, with perhaps
the exception of the Mayor. knew that they
had been selected.
The bill proposes to form marginal railway
company with power to distribute freight over
the city. 1t proposes that the company shall
lay tracks on all streets built, or necessary to be
built to complete the circuit of the city, and
that it shall take the Grand Trunk tracks as
may be necessary to complete the system. In
this company all railroad corporations interest
ed shall take equal amounts of stock.
John Rand, ESQ.,, attorney for the Atlantic
and st. Lawrence, was the next speaker Ap
parently he opposed the bill because of a mys-
FERROUS paternity which he darkly attributed to
it. He limited at innumerable cats under inor-
dinate quantities of meal, and smelled legions
of rats clinging to the piling of Browns wharf.
He claimed the bill was aimed against the At
lantic and st. Lawrence. 1t creates remarka-
BILE corporation that shall control all railroad
traffic on Commercial street; that shall have
the right to seize the property of the ATLANTIC
and ST. Lawrence, and after five years, of all
other roads; that shall have the power to erect
locomotive and machine shops, and to send out
a line of ocean steamers to Cape Elizabeth,
(starting from Browns wharf of coufse.) The
history of Commercial street was here given,
and of the bill in equity Up to the time when
the Maine Central came into the city not
word of complaint from the city or merchants
or railroads was heard. The Commercial street
rails were open to the use of all connectin
roads, and only the deadly hostility between
the Eastern and Boston ard Maine prevents
that communication now. He claimed that the
Atlantic and st. Lawrence extends from island
Pond to State street, and that the rails on Com
mercial street are as much part of the road
under its charter as the rails from South to
West Paris. The A. & st. L. claims its Com
mercial street rights under both contract and
charter
The Grand Trunk has no objection to a way
round the city not conflicting with the rights of
existing corporations; but the third section of
the bill gives the city the right to seize our
property. and to such a steal as that we do OBJ
ject.
Hon. Nathan Webb appeared for the P. s. &
p. Railroad, saying that the only excuse for
the bill is controlling public necessity. The
only necessity, if any there be, for this mar
ginal way, is the increasing freight traffic. Mr..
Rand has very fully stated the case against the
bill, but some further considerations present
themselves. 1t may be that the projectors of
the scheme have taken wide and long fore
caste as to the future business and prosperity
aud railway connections of the city. Yet it is
not advisable to encrOach upon and destroy the
harbOr by building out streets. With a very
short gap the city is encircled by railways, and
under Bramhall is a broad plateau, than which
no better ground could be selected for stations
and freight houses and interchange of cars and
freight and all the uses contemplated The bill
cOntemplateS that the six roads cOncerne shall
take equal shares of the company stock. But
will you get more harmony between companies
represented in corporation like this than be-
tween the companies in their individual cor
porate capacity? Can not four combine against
two and infringe upon and destroy their rights?
Outside of this corporation any one company
can protect its rights. Inside those rights are
at the mercy of the remaining five companies.
Assuming that the bill is an honest one it SUBJ
s:antially destroys valuable rights of the pro.
testing roads; because tcuts off convenient &C
- A. E.:
because it narrOws up West Commercial street
TO destructive extent, or destroys the freight
and locomotive and car houses of these and
other roads. 1t certainly doesn't seem just and
reasonable to take away the rights in CONNER
cial street from those corporations which sus-
tanned the trouble and expense of tracks when
they were Improbable, and TO give them to
corporations which share only in the remuner-
alton, having borne no part of the expense.
There is another difficulty. The road contemp-
ton of transit by the Cape Elizabeth bridge.
There seems to be no public call nor necessity
for the road, and no freight or passenger traf-
fic which demand it.
Judge Fox rose and said he appeared for no
railroad or other corporation, but as a citizen
aid property holder So far as railroads were
concerned, he in common with nine-tenths of
the citizens of Portland, would vote for the
bill. When Commercial street was laid out it
was understood by property holders that the
croached upon by railway tracks. With this
| understanding improvements were entered up
on. Therefore, he asked for provisO in the
bill that no tracks should be laid or connections
made on the northerly side of Commercial
| street. Public interest and convenience and
| safety demand this.
Mr. Reed closed the hearing He said he
had no interest in the quarrels of the warning
roads, nor in the wickedness of the Maine Cen
trail as set forth by Mr.. Rand. He contended
hiatt 1,of vuo hon hofvu In
protesting roads was serious detriment and
obstruction to business. The third provision of
the bill is the most important because all the
trouble and inconvenience and delayare on Com
merclal street. He did not purpose to discuss
the constltutionality OF the bill at length, but
he insisted upon the right of eminent domain.
He deprecated Mr. Rands free use of the word
''steaP' which he attributed to that gentleman's
exuberant fancy and love for rhetorical embell-
ishment. He summed up the advantages of the
bill. claiming that it gave equal rights to all the
roads concerned. We are in bad way as to
our water front and our connection with Cape
Elizabeth through railroad freight yard. We
now ask you to give us leave to rid ourselves of
our troubles, to charter this new company so
We may be free from the delays and other in
conveniences caused by the quarrels of con-
tending roads. No scheme can be presented
which wouldn't have some difficulties. We
| claim that this has as few as the nature of the
! case will permit. There is no sinister motive
| in the bill Its opponents have stated none,
but have contented themselves with vague in
! situations
At the conclusion of Mr.. Reeds remarks the
| hearing came to close There was a large at
tendance of business and railroad men during
| the discussions.
POLICE NoTEs.-Patrick Foley made an at
tack Saturday afternoon, on man in house
on Fore street, nficting cash over the left
ova NTH n oh;ca1