Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1890-06-10
THE CITY MAY SUE srAnauox.

Corporation Counsel Townsend Pre-.
SCENTS to the Councilman HIS Legal
opinion Upon the Position OF tbs
CITY Regarding she Derby Railroad
Grade Crossing QuestIen-He Wishes
TO Bring Suit-Firing OF Cannon ON
the Green-Band Concerts Voted fer.
The recent accidents at the grade crossings
in Custom House Square have aroused the
city government to action. Some time ago
Corporation Counsel W. K. Townsend was
ASKED by the common counsel for an opinion
regarding the city's position in the contro.
versy with William H. Starbuck and the
Derby railroad over these dangerous cross.
ings.
At last nights meeting of the councilmen
the corporation counsel submitted his opin.
ion: He finds the Derby railroad never
made any contract with the, city of New
Haven in regard to the use of said grade
crossings. W. q. Starbuck make contract
IN July, 1887, whereby the city agreed to
transfer to s. E. Merwin, Luzon B. Morris
and K. G. Stoddard, as trustees, its interest
In the road, to be delivered to Mr.. Starbuck.
under the condition that the New Haven aud
in one year its freight and pas
senger stations lying west of West
Water street; the grade CROSSINGS
east of West Water street be Discontinued
except for two trains to Starin dock between
the hours of II p. m. and 8 a. NJ; that the
Starin line of boats be continued. The
stock was transferred to Mr.. Stsrbuck bv
the trustees on August II, 1887. but they
did not receive the promised stipulations re-
garding the running of trains. The trustees
deem 1t impracticable to continue the line of
boats and run the trains as provided. The
corporation counsel thought the railroad
company could not be compelled to enforce
the agreement az it was not a party to 1t.
If the trustees had authority to
waive the agreement for stipula-
ton. he thinks the city has no
remedy on the contract If not, then an ao-
ton can be brought for re-transfer of the
stock, provided it is still held by said Star
buck for the ful6llment of the contract; IN
less the action of the trustees has been rati-
fed by the acquiescenee of the city in the
running of trains with knowledge that the
stock had been transferred and the stipula-
ton not furnished. An action for damages
could be brought against Mr.. Starhuck alone,
the Derby Railroad company or purchasers
counsel advised that he be authorized to bring
an action for rescission of said con-
tract or to take such other measures
as will best promote the interests
of the city. He called attention to section
!, 49S OF the general statutes by which the
railroad commissioners are empowered 10
make orders for the regulation of speed at
which locomotives shall cross highways and
orders regulating the distractions of streets
and highways. An application might be
made, Gays he, to abolish these crossings en-.
tirely if it is deemed desirable. Under the
peculiar circumstances Of the case he thinks
the only certain and effective remedy is to be
found in an application to the general assem-
bly, for the passage of special act.
The corporation oounsel's communication
was referred to the committee on roads and
bridges.
Councilman O'Brien objected to concur
renee with the board of aldermen in reject.
ing the petition of Contractor Montgomery
for damages for time lost by injunotions
which were served upon him during the
period of pulling down the state house.
Councilman Bromley, Reyes and Dyer
thought the opinion of the corporation ceun-
sci, that the city was not liable in this case.
should suffice, and it was voted to concur
with the higher board.
The aldermen rejected the street commit
tees recommendation that the petitioners for
the hardening of Academy street be given
leave to withdraw, and passed substitute
ordering the street hardened. The council
men passed the committees report and re-
jected the substitute.
The recommittal of the report of the COM
| mittee on band concerts by the aldermen was
| objected to by Councilman Lowe.
Councilman O'Brien was not in favor Of
| spending much money for music.
Councilman Dyer thought two should bs
given on Hamilton green instead of four or
the large green.
The committee report was accepted. Tit
| contract with the band was read. It wa
L L. ~ ID S,~s - ;,
| agreed to give six concerts at $50 each with
band of twenty-five pieces.
| Councilman Munsen moved that "excep
on the Fourth of July" be added to the pro
posed ordinance prohibiting the firing of can
non on the green. The board, however
concurred with the aldermen. ~--------
The appropriation of $500 for public Oh
servance of the Fourth of July was mex
| discussed. Councilman Bree, Reyes ant
| Blakeslee thought the patriotic observance o
| the Fourth should be maintained and tina
| the green was the proper place to fire TIL
cannon.
Councilmen Hitler and Wells objected be
| cause of the annoyance to the sick and tn
aged.
Councilman Wells thought cannon shoul'
be fred as far away from populous district
as possible.
Councilman Reyes was surprised that a
old soldier should want to get as far ava
from cannon firing as possible.
Councilman Hitler came to the rescue an
explained that old soldiers were accustome
to other firing than that Of blank cartridge
and that they disliked TO annoy the sick an
the infirm by useless noise. He amended b
adding providing no cannon be fred on tn
old green"
The amendment was defeated, 17votes to
The appropriation was then voted.
Councilman Hogan presented an order pre-
viding that two of the public band concert
be given on Jocelyn square. 1t was SO vote
unanimously.