The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-11-23
PORTLAND & ROCHESTER.

prospective value of it, The tendency of
business and population of itself is rapidly
increasing the value OF that property. APP
prehend that any real estate man in the city
of Portland will say that the probabilities
are that within very few years the value of
that city property will be doubled. The
movement of population is in that direction,
and every day and every year increases the
value of that property. To put railroad
through it in the way here proposed. would
turn the tide of Improvement elsewhere
Notwithstanding what the distinguished
President Of the Rochester railroad says,
cannot believe it will be the judgment of
this board that railroad as near neghbor
is pleasant thing, or one that improves the
value Of real estate for building houses
Then there is the little village which has
sprung up on st. John street-comfortable
homes, the most of them owned by the peo-
pie who occupy them. They have railroad
on one side of them already, and 1t is pro-
posed to put one on the other side and across
their street by an overhead bridge. where 1t
enters from Congress street. That is plain
ly detriment TO every landholder on that
street, and 1t is loss he must bear il this
location shall be allowed
Now coming down to Grove street, / say
that any man who owned that land there
and should find such location as that
proposed would have felt that the purpose of
II was ike dealing man blow in the face.
That location does unnecessary damage to
private property. For 200 feet this side of
Grove street it makes a deep cut right
through the field, and then crosses Grove
street at the lowest point at the foot of the
hill. / submit that if the road is to go there
It plainly should go ON the low land, where
The upland can be preserved for use, aud
that IL can cross Grove street just as well as
further down. 1t would only require little
more filling to carry 1t over the railroad by
an overhead bridge.
Now Of course it must be apparent to YOU
tnat when the owners of behring's Oaks
gave them to the city for a park they must
nave aad In mind, If they had any considera-
uon OF self-lnterest at all in making that
magnificent gift, that it would improve the
value OF their land on the opposite slope;
and ifno railroad is allowed to 20 through
there undoubtedly the value of these lands
Is very much Increased, and the beauty of
the park is retained. 1t will require but
" ny slight filling as soon as the salt water
Is excluded from the mill pond to make a
pleasant slope from the upland on the other
SIDE TO the park, and these lands in the rear
81 that field and the rear of the lots next TO
the park would be more valuable than the
OTIS up on the front of the field on the street..
Is 1t proper thing, unless there
Is an oyermastering public necessity, when
gift like that has been made
hict direct and heavy damages upon the re-
naming lands OF those who have given the
PARK to the city? Not only that, but to do il
IN the manner mere proposed, which goes ey
en- beyond any necessity for doing damage
and disfgures it by putting a deem cHt
through it where nature has made a place
fora street II one Is to go there at alp
The taking OF private property for public
use can only be justified to the extent to
which 1t Is rendered necessary by public ne
cesstty., There should De no invasion of pri-
vate rights unless clear case of public ne
cesslty Is presented to justify it, | submit
tnat this proposed scheme does impair To
a very large extent the value of the remain
ing lands belonging to these gentlemen who
gave the park to the city, and Should be the
subject Of grave consideration In determinine
the issue here presented to this board
! Now, | submit that there is no actual ne
cessity for this location; that, by curve at
some convenient point this side of Wood
iord's Corner connecting the Portland x
Rochester with the Maine Central tracE
they have all the communication with the
Maine Central and other roads that thew will
nave II tnis location Is granted, and the dis
lance VIII De less than two niles farther
than along the proposed route There wonld
be a loss of four or five minutes for trains
going from one station to another. and that
is all you are saving to this railroad or any
OF the railroads, by making such sacrifice
OF CITY property and private rights, and the
security OF the park; all you are sa, ing is
some four or five minutes time in pass7nS
from one station to the other
having stated these general grounds of on
Positlon. let me submit to the board that If.
IN any event, consent be given to these pc
titfoners the right of location shonld have
certain conditions annexed to IL. Tn The
nrst place, 1t should be merely a traffic loca-
tlon; merely of sufficient width for the To-
cation OF two tracks and no more. and that
me space In and along the Park should not
cation 80 feet wide is allowed without these
conditions. Look out in Deering where this
same railroad goes through The Deering
rs .,la az another point. You all must have
n n tnat u Is common practice to allow
cars 70 remain standing there day after dsy
ana week after week, precisely as If ii was
the yard OF the Portland & Rochester rail.
road. 1t was cruel wrong for that road
ever to 60 where it did at that point. Ex-
cep 's, ipr taat railroad that new settlement
would undoubtedly be one of the most beau
tiful places about Portland. If this location
Is made 10 feet wide without conditions. the
result will be a railroad yard from the
new .a Union Station to Back Cove. In
to be made. it should be upon the condition
that the railroad shall build and maintain
overhead bridges at all streets located. and
to be located. 1t is well known that plans
nave been drawn and streets located on the
Deering lands running down to the marginal
way and so entering the park, and the time
is DOT lar on when those streets are to be
built. Who is TO build and maintain the
bridges over this railroad? They NAV be in
sne town OF Deering at present, but it is just
and maintaining them should be borne by the
railroadsas if in the city of Portland. And we
all know that the time may not be far dis
tant when the whole, or part, of the town
81 Dserlng may be annexed to the city of
Portland, and when the time comes for these
bridges to be built it may be the city of Port
land that will have to build them These
same considerations apply to the city farm,
whero there is to be cut 800 feet in length
and 20 feet deep.
In NV INDIGNANT tho cifu &c ro.4io.a l..
been quite forward enough in granting rail-
road petitions | do not seek to excite any
prejudice against the road. entertain none
againstit. This is not case where any
iayors are to be granted to anybody, or
where any luminosity is to be INDUCED or
gratihed. 1t Is simply question whether.
In view OF these substantial objections enter
tanned by so many of our citizens, there are
such public reasons for granting this petition
as 70 render II necessary in the judgment of
community in single generation has two
such quits as the Deering Oaks for a park
and the Baxter building for library, and i
thing we ought to have good feeling enough
TO show that we, appreciate it, and that we
propose to use those gifts for the purposes
for which they were designed and in the
spirit IN which they were given,
Judge Symonds continued further in the
same line OF argument, and at the conclusion
was greeted with applause.
REMARKS OF Ex-MAYoR V AI.KER.
Ex-Mayor George Walker spcLs briefly, in
behalf of the remonstrants. He claimed
that at the time Of the dedication of the
Park, when he was Mayor of the city, Mr..
James d. Fessenden and his brother were
acting agents for the Deering heirs in the
transfer of the Oaks to the city, and that one
of the considerations for that gift was that
their property on the southerly side should
not be taxed on higher valuation for ten
years than it:then was, providing the heirs
owned the property, and that on the other
side the creek should, at some time or other.
as soon as the City of Portland was able and
the Deering heirs saw fit, be filed up, SO that
the intervening space should be one level
lawn. with large sewer underneath to
drain the whole. Mr.. Walker felt that to
authorize the location of this road through
the Park as now contemplated would be
violation Of the spirit, If not OF the letter of
that pledge.
REMARKS OF Ex-MAYoR PUTNAM
Ex-Mayor William L. Putnam stated that
II nothing further was to be said on behalf
of the .remonstrants. he desired to speak
briefly in behalf of the petitioners. He said:
have seen great deal in the newspapers
about the liberality of the city to railroads;
that the city has already done great deal,
a1d therefore ought not to grant this petit
ton. think the only proposition the Mayor
and Aldermen have to consider Is, not
whether his is for the advantage Of the