The Portland daily press., 1891-01-13


this instrument might possibly be trouble
some agreement for the parties to keep with
out friction, the makers provided that dis
putes as to its meaning and the rights Of city
and county under it, might be referred to
three impartial, intelligent and disinterest-
ed men," one to be Judge of the Supreme
Court OF Massachusetts, who could select
his associates If the county and city could
not agree upon them. All this was covenant
ed and agreed On the thirty-frst day of
March, A. d., 1858, and December 80, of the
same year, when the original lease was modi-
fled by mutual consent, the county leasing
the city additional land and agreeing to the
plans of the present city building. A copy
of the plans are attac ned to the instrument.
The new building was accordingly erected.
1t cost the city S265. 900 in 1858. and after the
great fire of 1866 1851. 900 more was spent in
rebuilding it, making the total outlay by the
city $622,OOO. AS time went on, the county
commenced to feel the need of more room.
First. the registry of deeds grew out of its
two rooms. and absorbed the apartment de.
VJtel to the county treasurer. That officer
moved into the office next door and crowded
out the sheriff. who, having no better place
In which to seek refuge. moved up stairs in
to the female witness room, adjoining the
court room. The sheriff, having no room for
his liquor deputies, was furnished room in
the basement, on the city side, beneath the
mayors room. The city also furnished him
a room in its side of the basement for the
storage and spiiling of contraband liquor.
From time to time. the county made known
its desire for more room on the city side,
claiming 1t had the right to do so under pro.
vision of the contract providing for 'such
additional room as may be necessary"
When Mayor Melcher assumed the duties of
his office he was waited upon by the County
Commissioners, who, in behalf of the coun-
ty, asked that they be furnished with the
room now occupied by the school board, in
the front of the building. This room they
wanted as an addition to the law library,
which has outgrown its present quarters in
the adjoining room on the county side. In
addition the county asked that the offices of
the clerk of co1rts and register of deeds be
given tile floors according to the standard
in similar buildings of modern construc-
tion." as stipulated in the contract.
This point the Mayor compromised by
having laid tile floor in the Office of the
clerk of courts, where one was badly needed.
1t will be seen that there Is an opportunity
here for difference Of opinion as to wheth-
or the term "nodern construction" means
what was modern construction at the time
the building was erected. or whether 1t may
be held to mean modern construction" in
axxybi ah Ill
tions to keep up with the times.
This year, when Sheriff Cram took pos
session of the office, the county officials de-
manded for the use of the sheriff and his
deputies, the large room on the Myrtle street
side of the building now used by the street
commissioners. This the mayor would not
consent to give them, but proposed COM
promise to which the county finally agreed.
This was, that the sheriff should have the
inside room and ante-rooms formerally oc-
cupied by the street commissioners and sur
render the liquor deputies Office and the
storage room in the basement, storing the
liquor seized by the sheriffs on the county
side. This arrangement will prevent in fu-
ture the disagreeable oder which has perme-
ated the city side of the building when the
sheriffs have been splitting liquor. The
liquor seized by the police is carried to the
Dump and spilled. The county, also during
Mayor Melcher's administration, has made
known its desire to occupy the room on the
front Of the building, now occupied by the
auditor and formerly used by the city treas
urer.
While 1t is understood that no more addi-
tional room will be asked of the city during
Mayor Melcher's administration, his sue
cessor is likely to be met with request for
the school board room, to provide quarters
civil engineers room, to make place for the
probate court In fact, there seems a rea-
sona5le prospect that If the county is given
all 1t asked, the city In a few years must
move out altogether.
While Mayor Melcher has given his per-
mission to change In the rooms now occu-
pied on the city side of the building for
county purposes, he has done so with the
understanding that such action on his part
was not to prejudice the city's right under
who have examined the records, that In max
ing this agreement with the county, the city
did not intend to give the county any room,
at any time, in the city side of the building,
and that this was the view held by the coun-
ty at 1.-THE time the agreement was made.
Those who maintain this view say that it Is
hardly probable that the city would have
spent $622. 900 in erecting building on land
worth at that time less than $4,000, its pres
cut valuation, If in return for the land 1t
was to give the county as much room as is
now asked or about to be requested. A read
ing of the records shows that it was the first
intention to leave the old county building
standing. The widening of Myrtle street,
however, is referred to In the record as ne
cessitating the memolitiOn lof the old court
house and the moving of the site of the
building or buildings to be erected to the
West. From these and other entries in the
records, 1t Is held that the provisions for
further accommodation for the county means
further accommodation on the county side.
1t is believed that the cou1ty authorities,
rather than prosecute disputed claim to
rooms on the city side, when the Question
comes to an issue will be found ready to
make one Of the arrangements made posi-
BILE by the enabling act. Should they thus
acquire their own part of the building, at
comparatively small expense, they could
build an addition in the rear containing suffi-
cient room for their increased needs. To
provide needed room on the city side, some
hitherto unused rooms in the basement
could be made available. In this way. the
mayor thinks that both city and county at
comparatively small expense could be well
taken care of for the next twenty-five or fifty