The Portland daily press., 1885-11-11


Mr.. Looney presented the remonstrances
of f. T. Seaman and 46 others of Gorham,
and Amos Field and 100 others of Freeport'
Mr.. Cleaves said that he supposed it was
understood that no further petitions or re-
monstrances would be presented during the
progress of the hearing. Judge Goddard
said that two remonstrances from two towns
were now on the way, but that it was not
proposed to obtain any others after the COM
mencement of the hearing.
Mr.. Cleayes then opened the case for the
petitioners. He spoke substantially as fol-
lows
NGy 1t please your Honor:
think we have reason to congratulate these
petitioners, that they have at last reached an in
dependent and impartial tribunal, where their
case can be heard and decided upon the evidence
and the law and without misrepresentation |
congratulate them that they are before a tribunal
where no judgment is to be passed without hear
ing, Wnere tney are not to be condemned before
they are heard. If any body of men have under
taken to pass upon the questions involved here,
III mas Deen done without a hearing in the absence
of these petitioners, without evidence and with no
knowledge OF the facts as they will appear here
and carries with It no force er effect beyond the
narrow limits within which such action was taken,
and is no evidence of public sentiment nor does it
bear upon the question involved.
These petitioners are here before you to present
their case and to present it upon its merits These
petitions bear upon their face the names of hun
dreds of the most prominent business firms, tax
payers and citizens of this city representing al
most every industry. They have upon them the
names of men who have always been foremost in
advancing the commercial prosperity Of the city,
vancing, and not in standing still; men who have
no selfish motives in this matter, but only in
terested for the public good. Petitions are here
from the leading citizens and taxpayers of other
towns In the county, Under the law they would
be required to bear some portion OF this expense,
these systematic attempts on the part part Of anony
nous newspaper correspondents, actuated by sell
fish motives, to prejudice the case. Such commu-
nications as have appeared will have no effect
here. We know that this case is to be decided
upon the evidence submitted, and not upon col
lateral questions or irresponsible statements.
A petition was filed here some time ago, asking
for the location of public highway from a point
on Commercial street, into tide waters, between
CasTom House t wharf and Maine wharf sum
and landing for the accommodation of teams and
passengers The harbor commissioners and the
city government decided that the docks were so
narrow that it would be serious interruption of
the business of the dock to allow a ferry boat to
run continuously into this dock. The petitioners,
place for the location of public landing, without
any contest, yielded their preferences, and imme-
diately petitioned for a location at the end of
wharf as suggested by the harbor commissioners
and by many citizens.
The petitioners in the present case ask that
highway may be located from point ON CONNER
suggestions that have been made, or may be made
as to the propriety of a highway at the foot of
Thames street, near the Grand Trunk Railway,
for public landing, are open to the same objec-
tions that appeared to the Custom House dock.
II Custom House dock, with its width of 125 feet
is too narrow. it would hardly be contended that
the dock at the foot of Thames street which is
only 80 feet wide and in constant occupation by
steamers and vessels, would be suitable The
land Pier, and thus avoid the destruction Of any
dock. Under this petition, no authority exists to
present forn must be either granted and denied
do not propose to enter into a discussion OF
the question whether sufficient and adequate &C
commodations have been furnished to the public
by the old Ferry Company In years past for that
question was brought before the Legislature at its
last session, and it was finally determined by the
legislative branch OF the government, that the ac-
commodations were not sufficient to meet the
wants of the public, and that public convenience
required that additional accommodations should
be furnished, and new charter was granted.
The question is settled, and is not open for dis
cusslon here. The Legislature has determined it,
and their finding is conclusive. More than twelve
years ago the Legislature of the State recognized
the necessity of public highway into tide waters
with good and substantial ferry way and land
ing, suitable for the accommodation of teams and
passengers by authorizing the county commits
Sioners to lay out and establish such way. This
acs was passed In 1873 The city Of Portland at
Weston f. Milliken, w. W. Thomas, Jr., PrentiSs
Loring, George Trefethen and General Fessen-
recognized BY that body. The county commits
sioners have not exercised the authority granted
under that act, because at no time since the
passage of the law, has boat suitable for the ac
comm0datiOn of teams been put upon the route,
until the present year. The time has now come
when it is eminently proper for the county com
to exercise the powers and preroga-
tives delegated to them by the legislature and
provide suitable means for the accommodation of
public travel, so long neglected. 1t is the public
interest that is to be subserved. The exercise of
the power of eminent domain is justified as the
public needs require. 1t is one Of the duties of
fhQ ffc r1t1riai 70 do
roads and bridges for the accommodation of its
and it will be shown in this case before
the evidence closes that, Ii there ever was an oc-
casion for the exercise of that power it exists in
the present case.
This is an improvement in the interest of the
people. 1t is designed not only to better accom-
modate the public and facilitate communication
between the city Of Portland and Cape Elizabeth,
but it is in the interest of trade and commercial
It will be shown here that the annual trade with
the merchants and citizens of Portland of these
two villages, , lust lac across the channel, amounts to
more than 5000 900. Their fishing interests come
here to procure their fittings and their supplies.
Their merchants come here to purchase their
goods, their young men come here, and by their
contribute to the prosperity of the city
and county. All of their commercial and business
relations are Identified with the interests OF the
portation of goods and merchandise by team is
three miles. Our business men are constantly
sending their delivery teams this long distance,
when, with public landing, it will be less than
half mile. More than 500 people daily pass
across this channel for business purposes. Here
is business trade of thousands of dollars coming
to our city annually here at the outer gate is a
busy, thriving community asking that they may be
provided with public highway, open and acces-
its of the city without trespassing upon private
While this board in years past has
been called upon to lay out highways in different
towns In the county, which were of particular
benefit to such localities, but perhaps OF no bene-
fit to this locality the citizens of Portland and
portion of such public burdens for the accommo-
dation of public travel. The community believes
IN providing facilities for the accommodation OF
the people, and not IN shutting them in and out
from all communication with the business world.
1t is the policy of the government to construct
highways for the accommodation Of its citizens.
In this case these powers are delegated to you.
From the time when the citizens of Cape Eliza
beth applied to the Legislature to grant them bet
ter accommodation for public travel, they have
source. From the time when the citizens OF Port
land and Cape Elizabeth petitioned your honora-
systematic, persistent and determined effort on
the part OF certain corporations and individuals
connected Herewith, and engaged in
the transportation OF paSScngerS,-and 1t is unnec-
eSsary to name them,-t0 pervert and mSrepre
sent the facts, and seek to prejudice the right Of
those petitioners and to procure remonstrants in
country towns. Agents and attorneys have been
employed to aid in the furtherance of these de-
signs. Lawyers have traversed and perambulated
the country towns, to have circumstances come in
of doing these things solely for the public good
and as public benefactors. Compensation to them
comes from some source, and these are the meth
DDS used to defeat the rights of the petitioners.
Remonstrances have been signed in Bridgton
and Gorham; attorneys were there from this city
to see that they were started and put i'll circula-
tion, and along with such rem0nStranceS, went
all over the county, as to eX-
pense and future liability OF country towns If this
way was located. know something Of the liber-
ality, the public and progressive spirit OF the cti
zens of Brldgton, of Gorham, and other towns in
this county, and do not hesitate to say that, had
they understood the facts they will be disclosed
in this hearing, no body of men could be found
there demonstrating against this landing Sigma
lures Of prominent men and taxpayers outside of
this city have been obtained In opposition to this
of the facts and utter concealment of the truth,
and have the undoubted and direct evidence iii
my hands to show it when the proper time arrives
and it shall be deemed material.
1t has been said that this landing would cost
$4,000, and involve the entire purchase of Port
Such statements from whatever source ARE found
ed upon incorrect views and are monstrous per-
version of the facts The entire valuation for tax
purposes upon Portland Pier proper is but little
over $4,000. and the petition asks for but small
portion. The evidence to be presented by these
brought within the most reasonable limits. 1t is
to have slip constructed for a distance
of 100 feet into the end of the wharf, and So feet
wide, by removing the present piling. The drop
to be used for the passage of teams and passengers
to and from the boat is to be feet wide and ex-
constructing this slip and drop we shall show by
men who are prepared to judge Of such matters
will not exceed the sum of $1,000, and the statute
provides that this expense shall be paid by the
city, and the way shall be under the control of the
city. II is proposed TO extend the way from the
80 a~Iin 1pf. and Nftc