The Portland daily press., 1883-09-26
THE TURN TABLE MUST GO.
Special Meeting and Hearing on the Mat
ter before the Board of Aldermen Last
Evening.

of time had been granted that all the facts
might appear. Since then petitions have been
circulated for the extension of the track to
Congress street but they have recently been
withdrawn. Before proceeding to the hearing
the following business was transacted:
vIcTUALERs' BONDS.
Bonds of Mrs. Martha A. Watson and f. S.
Frost were read and approved.
PETITIONS REFERRED.
Petitions of Mrs. Dan' Philbrook to erect a
building on the corner of Cumberland and
Washington Streets of G. M. Caswe]l for one
on Spruce street; of c. Fl. Knowlton for one on
Federal street to be used for q roller skating
rink; and of G. p. Waldron, for one on Cum
berland street, were read and referred to the
Committee on New Wooden Buildings.
A license to give entertainments in City Hall
during the coming year was granted to Ira G.
Stockbridge.
Charles William Harris was appointed an
undertaken and the appointment was confirm
ed by the board.
THE HEARING.
The Mayor then stated the special object of
the meeting and laid the matter before the
board.
Alderman Winslow was not in favor of hear
ing further testimony unless there was some
thing new to offer. Ths last hearing adjourned
with the understanding that two petitions had
been set in motion, which would Go away with
the original petition. If anything now was to
be offered. he would be glad to hear it.
Mr.. S. q. Dyer was first heard and referred
briefly to his objections which had before been
given in detail, and said he had handed over
the matter to COL Mattocks for tho considera-
ton of the law points involved.
Mr.. B. b. Farnsworth referred to the mis-
understanding which existed as to the disposal
OF the original petition, and to the fate of the
new petition to extend the railroad to Congress
street. The idea was popular generally, but
few opposed it.
After few questions had been asked by Col,
Mattocks and answered by Messrs Dyer and
Farnsworth, Hon. @. F. Libby was called upon
spoke very briefly, and said when road has
been IN existence for seventeen years and
turhtab'e has been in operation for more than
ten, presumption naturally arises that there
was either necessity or some very good reason
for it. So a very good reason became necessary
In case OF an attempt to disturb the present
condition of things. But the company we're
not disposed to insist on their rights their
desire was to accommodate the public. The
Horse Railroad Company would be yery glad
to remove the turntable if permission could be
obtained to lay rails through Neal and Bow
doin to Vaughan and thence to Congress, or
through Thomas and down Pine to the same
street. A petition favoring the former route
had been circulated among the citizens of
Ward Z; it had received many signers, and the
Horse Railroad Company was ready to adopt
1t, and therefore presented the petition with
their endorsement for road to run through
Neal and Bowdoin 10 Vaughan, and thence to
Congress.
Alderman Winslow moved to lay the petit
ton on the table, and the motion prevailed.
Several questions were asked of Mr.. Libby
and Mr.. Wheeler, president of the Company,
and then Col. Mattocks made plea in behalf
OF the original petitioners. He said the CITY
government had wisely reserved rights in the
original charter of the road, and on every oc-
casion since then, when new privileges had
been granted, their power in the premises he'd
been clearly recognized. In 1864 the COMPANY
had permission given to extend its~ tracks up
Spring to Bowdoin; they had stopped at
Thomas; therefores~-the extra track laid was
illegal, and could have been removed at any
time. Nor was the illegal action legalized
when, five years later, the right to place a
turn-table there was granted. 1t had never
been put in in accordance with the order
which gave the right to establish it there, and
even if it had been, the prior illegality of the
roads location would faint it. 1t has been
there ever since on suffsrance. The road had
shown no great anxiety to extend its track /:
had they wished nsthing they might have
come to the city government and petitioned
for it. Not until compelled to act had they
made any move in the matter He believed
this nuisance should be abated.
Mr.. Libby spoke in reply to Col. Mattocks.
He denied the position that the road had no
right to stop where it did, and asserted that
rights had been acquired by the railroad COM
pany with reference to this piece of track
which he believed no court of law would dis
turb. The city could certainly not tear up the
tracks OF this company throughout their entire
length, but this was the logical outcome of the
position of petitioners counsel. He thought
the position Of the road was 6 perfectly fair
and open one; they were only anxious to &C.
commodate the greatest number of citizens.
The Mayor gave his opinion in the matter
and read from the city records and the COM
pany's charter TO sustain that opinion.
The opinion of the City Solicitor was called
for by Alderman Melcher.
Mr. Looney said that in his opinion the city
had not relinquished its control over the road.
IT the municipal officers think the turntable a
nuisance they have a perfect right to abate
it. He read from the charter to sustain his
position.
A recess of five minutes was then taken.
After the recess the following order was
read by the Mayor:
Ordered, That upon hearing upon the nett.
tion of ;. G. Dyer and Others praying for the
removal of the turntable of the Portland Rail-
road Company on Spring street, the same hay-
ing been duly advertised, and all parties inter-
ested having been heard, either by themselves
or by counsel, this board declares that said
turntable is in point of law and fact a public
nuisance, and that the public convenience and
necessities require that it shall be removed
And said railroad is hereby directed to canse
said turntabie to be removed forthwith, and il
it is not done within fifteen days this board
will cause it to be done at the expense of said
road.
Alderman Hawkes. moved to amend by in
serting thirty days but the amendment was
lost. The original question was then called
for and resulted five to two in favor of the
passage of he order. Aldermen Birnie, Tukes-
bury, Winslow, Emery and Ielcher voting
yea, Aldermen Gould and Hawkes. voting nay.
Alderman Winsow then moved to take the
petition introduced by citizens of Ward and
the Horse Railroad Company for proposed
new track, from the table. The same alder
man moved the request be accepted, and ad-
vertised according to law that all parties be
heard; and that notice of a hearing be given
for one week from tomorrow night.
There being no further business the meeting
adjourned.