Morning journal and courier., 1883-07-26
The OImstead Parallel.

Railroad Commissioners Hearing 1rl Bridgeport Yesterday-sptrtted Legal Contest-The Result. The Board of Railroad Commissioners held
 another hearing in Bridgeport yesterday rela- tive to the layout of the so-called Olmstead parallel road. That part of the layout from New Haven to the New York State line has
 been the subject of the last 16 or 17 hear
 ings by the commissioners. The OImstead
 road was represented by Alvin P. Hyde of
 Hartford, Attorney Levi Warner of Norwalk,
 Samuel E. OImstead, president, Chief Engi-
 neers Scubarth and H. G. Scubarth, Attor
 ney T. W. Downs and H. R. Parrott, direc-
 tors. Simeon E. Baldwin of New Haven 3D. peared for the Hartford and Harlem con-
 pany. The last section to pass upon is that
 extending from point in the town of West port to the New York line, distance of about twenty miles.
 Levi Warner, attorney, of South Norwalk, read prepared statement concerning this layout The petition, which is dated July 21, ayers that in the previous application of January II there were in the description of said line between point in the town of Nor walk, described in said application as station l, ,4O6166, and the west terminus of said line at the west line of the State, sundry errors and omissions made by your applicants, ect- ing by their said attorney, which errors they pray they may now be allowed to correct and amend, which amendments so asked to be made are etc.
 In the previous description the layout vas faulty. Since that hearing the surveyors have been over the entire section and have corrected the description, which substitute they now believe to be substantially correct
 MT. Baldwin and MT. Warner should pro- duce the original records of the company, showing the adoption of this section. Mir: Warner said he could produce the records at the next hearing, which was regarded as sat- isfactory.
 A spirited contest between Mir. Baldwin and Mir. Warner occurred. Mr. Baldwin viz, orously held that the layout of the section presented was not correction of inaccuracies but new layout.
 MT. Warner contended on the other hand that 1t was simply an amendment of the old not new layout. He claimed thas since their application of January II, 1883, they had not changed stake, had only changed the description. He argued that the com miFsioners would not reject the application for change of description and allow the Hartford and Harlem to come along and take it.
 Mir. Hyde also held that there was no good reason in compelling the company to issue new notices at an expense of S1 OOO and summoning parties to come in and be heard again. There was no change in the layout the location WAS made on the ground and moi on paper.
 MT. Baldwin insisted that the con1nanv came in with new locations new monuments and new everything, and claimed 1t as an amendment to the old line.
 At this point the commissioners retired for consultation. Upon reassembling Commits sioner Woodward stated that the lines were entirely different, and. that parties In inter ha HoI heard. The section must accordingly be 1 dlsapproved. The commissioners would not 1 allow the crossing of the Ridgefeld and New l York railroad at grade, or any other road | The gentlemen had also asked for many | grade crossings which the commissioners | could not grant, and the law practically said 1 that there should be no more grade cross. 1 ipgs.
 The commissioners decided to 20 over the survey from New Haven to Westport August | ), and will meet at the Derby depot in New Haven at 10 8. m. that day. Concerning the western section notices must be given to all parties in interest by the court, aud the peti toners must draw new application
 Following IS the language of the paper pre- tented to the commissioners at the opening | 'f the meeting by MT. Warner To e. M. Woodruff, J ". Bacon and ". H. Hayward cut:
 The New York and Connecticut Air Line railroad poraLIou legaily organized and exist under and by virtue of the laws of this State by heir attorney Henry R, Parrott, duly authorized by aid company, respectfully represents that in their ppcation heretofore made to you for your approval among other things of their line of location of their roposed railroad, which application is dated Jan 1 l. 1885 there are in their description of said line etween point in the town of Norwalk. described said application station LAOS plus 66 and west terminus of said line at the west line of this tate, sundry errors and omissions made by your pplicants acting by their said attorney, which er- DTS they pray they may now be allowed to correct nd amend, which amendments so asked to be made e follows
 [Here followed complete detail of the errors and 1anges desired covering many pages of legal capI In conclusion, they ask to be allowed to amend eir description aforesaid, that their line so nended may ba approved by you, and that they may allowed and granted all the rights. powers and iVteges applied and prayed for in said original ap- ication.
 Dated at Bridgeport. July 2f, 1883. New York & ,nn Air Line K. R. Co,
 By H. R. PARRoFr Attorney