The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-12-17
NO DECISION YET.
The Discontinuance of Bracket
Street Opposed.
Hearing on the Matter Granted BY
the Street Committee.

Saturday afternoon the adjourned hearing
on the petition OF John w. Lane for the dis
continuance of portion of Bracket street,
was given by the committee ON streets.
Judge Goddard appeared for the petitioner,
Mr.. Lane; Hon. William l.. Putnam for the
Boston 81 Maine railroad; Judge Nathan
Cleaves for the selectmen of the town Of
Cape Elizabeth; City Solicitor Coombs for
the city, and Hon. w. W. Thomas Jr., for
himself. Mayor Chapman presided.
Judge Goddard read the petition reciting
the fact that Bracket street had been laid
out in 1855 over land owned by Mr. Lane, no
notice being given to Mr. Lane who at this
time lived In New York. Mr.. Lane learned
OF this action two years later and. petitioned
for damages, but the petition was refused
the legal time for such action having ex-
pired.
Every city government since that time, ex-
cepting the present one, has been petitioned
Tor remuneration but none has ever been
granted. The matter was taken into the
Supreme court before Judge Walton as a
trespass case, the street commissioner and
city marshal having removed fence con-
structed by Mr.. Lane to prevent people from
passing over what he claims to be his prOp-
erty, it being also claimed by the city as a
part Of Bracket street. The petitioner
claims that the street was never legally To-
Gated upon his land, and Judge Goddard
said that Judge Walton gave il as his opin-
ion that the street through Mr.. Lanes land
was not legally located. From the Supreme
court the case was referred to the law court
where II is now pending.
Mr.. Lane was called upon and reviewed
the whole history Of his difficulties which
have grown out of the city's action in ex-
tending Bracket street.
Hon. William l.. Putnam said that there
were some mattres between the Boston q
Maine railroad and Mr.. Lane that remained
unsettled. He had not been able as vet to
arrive at any definite opinion regarding the
settlement OF these matters. He thought
Mr.. Lane should receive the remuneration
that was due him, but in behalf Of the Bos-
ton d Maine railroad he, Mr. Putnam. must
object to the discontinuance of Bracket
street. He did not care to enter into any ar
gument or occupy much of the time allowed
Hon. w. w. Thomas, Jr., said that he ap-
peared simply as private citizen and as an
owner Oh valuable property in Knightyille,
He said that Mr.. Lanes rights were un.
known 70 him, MI Thomas, but what ever
was due the petitioner he thought should be
allowed. The city long had had right of way
| to Cape Elizabeth by way of Bracket street.
and that right of way had never been re-
leased. The hearing was granted, as he un-
derstood It. to see If the public. convenience
Bracket street: He believed the public
convenience did not REQUIRE the discOn-
uance of the street, it required its
continuance. The present bridge extending
from York street to the Cape Mr.. Thomas
regarded as inconvenient and unsafe. II
would soon need extensive repairs, and if il
| should be destroyed by fire or otherwise he
very much doubted the city's claim to right
OF waylat that place. On the other hand the city
nad chartered right to old Portland bridge.
| Inc public convenience of Portland and
Cape Elizabeth required straight, broad
| thor0ughfare between the two places and
this could be had by extending Bracket
street by means of a bridge over Commercial
street, Such bridge could be built on legal
ground.
Judge Cleaves said the interests of Cape
Elizabeth were the same as those of Port
land. The town wanted a straight, broad
thoroughfare to the city. The selectmen re.
lent and unsafe.
Street Commissioner Staples said the York
street bridge was fast going to decay. and
would soon need to be rebuilt.
City Solicitor Coombs said that he had
very serious doubts Of the legality of the To-
cation OF that part of Bracket street across
MI. Lanes land, but still there was ground
for argument on that matter. To contest
the case in court would cost the city some
500 or $3.50. He said the city of Portland
had no. right to old Portland bridge, that
right belongs to the county of Cumberland.
City Engineer Goodwin stated that
bridge from the foot of Bracket street to
the Cape would be very difficult to ascend
the rise being about five feet in one hundred
He thought it would be quite as inconyeni-
ent as the York street bridge.
Judge Goddard closed the hearing BY ask
ing the committee to give due consideration
to the matter. and grant Mr.. Lane the remu-
neration that was due him.
The committee then went into executive
session. where they were unable to arrive at
any decision in regard to the matter. They
adjourned to meet at the call Of the chair
man.