The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-05-09
CITY GovERNmENr.
Special Meeting of the Board of Mayor
und Aldermen,
A special meeting of the Board Of Mayor
and Aldermen was held at p. N. yesterday.

ana Aldermen.
special meeting of the Board of Mayor
and Aldermen was held at p. m. yesterday.
All present
PORTLAND RAILROAD Ce.
The Mayor stated that one matter to which
their attention was called was the relaying and
arrangement of their track by the Portland
Railroad Company, and he would call on
Judge Sgmonds to speak in regard to it. The
company intend to take up the track on Con-
gress street, relay 1t with new iron, new sleep.
ers, and repave it. The company take the
position that this is a Encouragement of their
track and therefore they have the right to re-
pave with the same kind Of paving which
they took up. The Mayor believed 1t would be
better for the company TO repave with square
granite blocks. he said lawyers differed as to
the rights of the city In the matter.
Judge Symonds said that under the charter
of the Portland Is Forest Avenue Railroad
Co.-to which corporation the Portland Rail-
road Co. succeeded-the consent of the munich
pal authorities was required to warrant the
company In laying their tracks through the
streets. Years ago the company received a
qualified consent from the municipal authori-
ties to lay their tracks through certain streets.
1t was a conditional consent: LIST, that the
company should keep in order and good repair
all limits of the streets, between the rails,
where they had single tracks, and also be-
tween the tracks where double tracks were
laid; 2d. that the company should pave be-
tween the rails throughout the city.
The ordinance specifies for the paving, fair
round cobble stones of average quality, until
otherwise ordered by the municipal authori-
ties and it is ON the construction of that phrase
the opinion of lawyers differs. When the
wooden pavement was laid in front OF City
Hall some years ago, this same question arose,
whether the company must relay their track
with cobble stones or conform to the new limits
outside the track. At that time, as City
Solicitor, the speaker decided that the COM
psny must conform to the orders OF the mu-
nicipal officers, and he had sesn no reason to
change the opinion then given. The city
having granted the right to lay the tracks, the
company was compellable, under proper order
of the city. to conform to that order and
change. They are answered. to any proper
demands of the city.
Mr.. Putnam took different view, claiming
that the company once having paved with
proper pavement, as required, could only be
required after that to keep track and rails in
repair. Both Mr.. Putnam and Judge Symonds
admitted the doubtful construction of the
ordinance, and that the rights of the parties
could only be settled by the court, which has
never yet had the question brought before
it. At present the company is working &C
cording to the ordinance, and keeping within
the law. II the Board should pass an order
requiring the company to pave with blocks,
then the question would arise.
Mayor Dsering believed the question should
be tested.
Alderman Russell read the order passed by
the street committee, April 9th, giving the
railroad company permission to repair the
track on Congress street satisfactory to the
street commissioner.
President Libby of the railroad company,
didn't think that the company could afford to
ay the granite blocks.
The Mayor thought some amieable arrange
ment could be reached.
Mr.. Wood, of the company, said they agreed
TO relay Middle street with the blocks last year.
0ihCo Vuoh euo COinpduy nac Adu H0hfJ oApou-
Sos. Mr.. Putnams and he thought Mr.. Libby's
opinions in this matter before the Board diff
fered from Judge Symond's.
Finally, question was asked by Alderman
Gallagher. II the matter could be brought d.
rectly before the Law Court and Judge Sy
monds said yes If proper agreement was
made by the party losing to pay the bills.
The following order was passed.
Ordered-That the Portland lsailroad Com
pany sh all, when required by the committee
on streets, sidewalks and bridges, in relaying
their tracks within the city, make the pave
ment of granite blocks instead of fair quality
round paving stones as now required by Sec.
OF the ordinance on railroads.
OTHER BusINEss.
The bond of Peter O'Connor, liquor agent,
was accepted and approved.
James Mcdonald was appointed special po-
liceman without pay at Western cemetery and
Patrick Kirwln at Eastern cemetery.
Petitions of John A. Roberts, Mrs. Hugh
Doherty for licenses as victualers, granted,
subject to favorable report.
OF John D. Leath, to erect o new wooden
building at 81 Tying street was referred with
power.
OF j. G. Mcfarland for license as pawn
broker, granted, subject to favorable report.
OF j. Braster & Co., for fish market on
Peaks Island, granted, subject to favorable
report Of City Marshal.
Applications for licenses to store petroleum
from Shaw, Hammond Il Carney, @. Nc
Laughlin & Co., w. w. Whipple & Co., and
d. w. True & Co., were referred to Chief En-
gineer OF Fire Department.
The petition of Loveitt s. Co., was presented
to keep a fish market at 528 Congress street.
Judge Goddard appeared for the petitioners
claiming that all sanitary arrangements had
been complied with.
Mr.. Noyes rather doubted whether they had
right to grant the right to keep fish market
under dwelling house.
Mr.. Gallagher said that for his part il all
sanitary conditions had been complied with he
didn't see why one fish market should be al
lowed on street and not others. Either any
one should be permitted or none.
The Board adjourned until IL o'clock today
to view the premises before voting on the Pc
titions.