Morning journal and courier., 1883-08-16
arnrtmI x,lN Golrrisr.
Thursday, August 16, 1888.
Hartford and Harlem Hearing.

Pro and COM-SpeOches by Messrss B0Ios L win, A1lInE and Hamilton. The Hartford and Harlem hearing came up l yesterday morning in the Superior court room, beginning at ten o'clock. The con- \ cluding testimony was got in and some of the arguments heard. l The first witness called was Assistant En- gineer Morse of the Hartford and Harlem road. He testified to the How and velocity of water in pipes in opposition to preceding
 testimony on the same subject. He said in reply to questions of MT. Hamilton that
 fre engine would not increase the flow of
 water from the pipes, but finally admitted
 that it might slightly. E
 Mir. Samuel Johnson, resident of Fair
 Haven and an ex-town agent, testided that
 the western part of the city would be Dene- filed by the proposed layout, their depot be- ing exceedingly we'll adapted for the accom-
 mediation of the public. He spoke about the town farm having been mapped out into lots
 for the market for years.
 ! MT. Joseph A. Miller, a shoemaker, who ! owns 8 place and has lived on Congress ave- nue for thirteen years, next testified to the
 benefits of depot such as the Hartford and
 Harlem proposed to give them. In reply to questions of Mr. Hamilton he said he lived
 near Fresenius' beer brewery, but hadn't
 talked the matter over with him. Mir.
 Beecher, 8 stockholder in the proposed road,
 had asked him to testify. He didn't really
 know but that depot in another part of the
 city might not be just as accommodating.
 Mr. Baldwin here announced that his side
 would rest.
 The opposition then offered few things in
 rebuttal On behalf of the city and the
 Board of Public Works, a map of the sewer age system was shown the commissioners. Mr. J. B. Sargent said he didn't think the propositions of the railroad company would
 make good tho damage to the system At the suggestion of MT. Baldwin, Engineer Bryson altered the specifications to suit Mr. N Sargent in regard to the size and kind of l pipes and connections. MT. Alhng | remarked that Brother Baldwin had
 no authority to make contracts for | the company, but the attorney re- I piled that he had such as he was making. Mr. Sargent spoke at length, and consulted | with the engineer for some time, until Mr. l Hamilton was uneasy and broke in to know | if the Hartford and Harlem men had not got l through their conference yet, and that 1t ! seemed to be but a discussion between Mr. Baldwin and MT. Bryson. Mir Sargent continued, speaking of how | the present sewerage system had been adopt ed after much consideration by the Board of Public Works, and saying that he didn't think they could allow any deviation from this system. MT. Robert Beecher, of Fair Haven, whose house is situated near the railroad track, was called and asked if he didn't consider the ! railroad track 8 nuisance. Mr. Baldwin ob- jected to the question, and the witness was l allowed to go. l MT. Sargent then said that all the changes | the company should make in the sewers touched by the road ought to be satisfactory l to the Board of Public Works in regard to | their size, depth and distance from railroad | cuts. l Mir Brvson then exhibited another map to show the commissioners another route that | had been asked for to cross the Derby road. | Mr. Baldwin began his argument in favor
 of the proposed layout of the road. He said the Iayouts of railroads were not to be determined by the citizens, effected by the road. nor by the town, but by the railroad commissioners. This road stood in the same
 position as had the Consolidated road, and is to be laid out under the same laws as
 other roads. They had got to avoid touch
 ing the Consolidated road, and nowhere in
 the city could they obtain better one than
 the proposed layout. MT. Sargent had said
 he opposed trestle or grade crossings. Mr.
 Hamilton broke in here
 q didn't hear it"
 'I don't suppose you did dare say you
 haven't heard near all of the testimony, but we have heard you and quite sufficiently,
 was the reioinder.
 Mir Baldwin continued his argument. He J said the public greatly regretted that the Consolidated railroad depot had not been moved a half mile or thereabouts down to : 1 the sand flats. At this there was general laughter. The principal ebjectors are those whose land is taken. New Haven is sleepy y old town whose citizens are largely old t fogies, there being few men of enterprise and k financial forethought in it. New Britain, a
 prosperous live town, has received the com @ pany with open arms. New Haven desires d them to pass by and not arouse the town n from it's lethargy. In regard to the law ot e the matter MT. Baldwin quoted at length d from the case of Cone vs. Hartford, 295 5. J. John w. filling, representing the cemetery l. association, spoke next, giving historical e sketch of the association and the injuries t that would be done them by the proposed t route of the new road.
 F Corporation Counsel T. s. Driscoll then presented strong argument against the lay l out He dwelt at length upon the various c interests with which the road would inter- - fere the present roadways, the sewers, and he also argued that the underground cut
 would be very prejudicial to the city health.
 He showed according to the evidence that the
 layout would damage very materially the I | western portion of the city and that there e was no public necessity for laying out the .- road as proposed.
 y Charles $. Hamilton, representative ot \. the property holders along the rad here, s began his argument. He Lad supposed that a the board of railroad commissioners had V | power co extensive with the Legislature in |, regard to settling the layout of the road. The o opinion of MT. Baldwin that the board had r mere advisory powers was very surprising to d him. The board had full power. The stat d ute of '93 says that no line shall be located r unless by the written appreciation of the o board of commissioners. The question was @ | one of great weight. It was not merely 8 question of destroying property, but ques- v ton of the policy of the board. If private : property and the title to it is to be held sacred there is no question further before = the board. The case of 21st of Connecticut
 was alluded to to prove that If the public
 necessity and convenience do not require
 the layout the board should refuse it. If 1t
 was public necessity that the road should
 run as nearly parallel to the Consolidated
 road as possible why did not the layout run
 through Church street and destroy City
 Hall? The layout was objectionable because
 of it's injury to public highways. The stat ! ute that no highway should be laid out
 within half mile of highway was adverted to by MT. Hamilton. The converse of the ? 1 proposition was also true and the board a should take judicial cognizance of it. The . road would be death-trap at every crossing. T The question of injury to the sewers was . briefly noticed by the speaker. There can 2 2 never be any exact line of sewer summit, as . Mir. Baldwin had said On behalf of ' the Water company he objected. n The waterworks could not get by the road
 without bends below and above it and this T would interfere with the rapid flow of the , | water. Weisbach was brought in to show
 the effect of bends in the water pipes. A D diminution of twenty-eight one-hundredths
 was always allowed for such bends. It would
 result in depriVing the fire engines of Q suf-
 fcient force ofwater, and at times the water
 would entirely be shut of from certain DOT I tions of the city by reason of ciogging up the pipes. The class of population that will
 build their huts along the railroad cut will be
 a poor class who care little for filth and |, would make it ten times worse than at pres-
 ent. New Haven is built on 8 peninsula mar rowing at it's neck. That portion of the city
 was occupied by residences. The proposed
 layout would strike right through the heart
 of this section. That section, as shown by
 the evidence, was not fitted for business.
 The evidence also shos ed that the road
 would destroy property. The character of
 the neighborho0d would be ruined by the de- | 1ok ou6 tbo saJoona and low houaea fbat