The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-05-11
CITY AFFAIRS.
Special Meeting Board of Mayor and
Aldermen.

A special meeting of the Board of Mayor and
Aldermen was held last evening for the pur-
pose of giving hearing to those interested in
the additional irailroad track on Commercial
street, and for the transaction of other bust
ness.
The Mayor called the meeting to order and
read the petition of the Grand Trunk Railroad
Company asking for permission to lay second
track on Commercial street from Portland Pier
to Central wharf on the southerly side of the
track now laid. He also read the petition of
merchants asking that this track be laid and
the remonstrance against it.
f. r. Barrett Esq, Treasurer of the Allan.
tic and st. Lawrence Railroad, spoke in behalf
of the rights of that company. He said that
they believed that they had right to lay the
track as they had contracted with the city at
the time the street was located to build it and
were to receive therefor right to occupy 26
feet in the centre. They ask the city to grant
permission, but did not wish to waive their
right to maintain tracks on that street. 1t had
cost the company 100000 to build this street
and all they asked was right to use the 26
feet granted by the contract.
Nathan Webb, Esq, appeared for those who
demonstrated against the granting of the petit
ton. There were liz names of firms on the
remonstrance. all of them property owners. Mr..
Webb called the attention of the Board to the
attitude of the company in which they asked
permission to do certain things and at the same
time said they should do it anyhow, whether
permission was granted or not. He thought it
was not the company in reality who asked for
this thing, but the ten firms who had signed
the petition in orderto facilitate their business
He said the contract between the city and the
railroad company was the only ground upon
which this power should be asked He ques-
toned the right of the city to make such con-
tract and cited cases to show what difficulty
railroads had to get permission to even cross
roads, Judge Kent decided that where per-
mission was granted to run track through
street switch could not be put in to run a sid
ing as it was entirely different thing than
straight line. The power of this board, Mr..
Webb claimed, was limited to railroad cross
ings and the granting of this petition is be-
yond their power. He also argued that the
second track would cause that part of the street
to be turned into yard for depositing freight
cars
Ex-Mayor W. W. Thomas, one of the re-
monstrants, said that liz of the principal firms
on the street were opposed to the laying Of a
new track as it would very much injare the
property on that street.
Charles Mclaughlin also opposed the project
as it would make some of the best stores on the
street untenable.
H.H. Burgess, Thos. E. Twitchell, W. S.
Dana and Tristram Stevens also opposed the
granting of the petition.
Clark 81. Barker, one who signed the petition,
spoke in favor of it being dragged into it by
the remarks of the other gentlemen. He
thought that the railroad company had carried
out their part of the contract and the city could
not now afford to repudiate, and he did not
think they were disposed to do so.
Mayor Butler said the City Government in
1850 had made contract with this company
and he could not see how the city could con-
sistently "back OUT Of their contract. The
company bad paid 100000 for something. He
thought that if the city should refuse this
petition it would make unnecessary trouble |
with the company. The better way he thought |
was for the remonstrants to confer with the |
directors of the company who he thought were |
disposed to be liberal to Portland interests,
He said that City Solicitor Cleaves had looked |
up the matter and his opinion would be of |
interest.
Mr.. Cleaves said that he had serious doubts |
in regard to the legal right of the railroad COM
pany to that street, but consider they have |
presumed right until the Supreme Cont decides
to the contrary. The contract was made in |
good faith and signed by such men as Judge |
Fox, and it does not look just right now to try
and repudiate it.
On the motion of Alderman Cunningham
he matter was deferred to give the remon.
strants opportunity to confer with the COM
pany as sugges ted by the Mayor.
James Porter, the hickman who was put on
probation April 9th, was complained of as
being unfit to drive hack. Officers Pencil |
and Harmon testified that on Wednesday and |
Thursday nights he was intoxicated. A. M. |
Sawyer said that he neglected his horses |
Wednesday night as he had done several times |
BEFORE Porter denied the charge and offered |
to produce evidence to support his innocence. |
The case was accordingly deferred until this
afternoon.
Mayor Butler and Ex Mayor Richardson were |
chosen trustees of the Public Library to repre-
GENT the city'S interest.
The meeting then adjourned.
Determined Attempt ut Suicide.