Morning journal and courier., 1891-12-15
BOARD eF CoUNcILmEN.

pAnY TOT FeT"1SS1OA tO &aO SO Ss~eASSS
 Spirited Debate fin Councils.
 The proposed connection of the tracks of the WinchesterAvenue HorseRailroad com- pany with the tracks of the New Haven and West Haven Horse Railroad company was the fruitful topic of discussion at the meeting of the board of councilmen last evening. The matter first came before the board by the reading by the clerk of 8 petition from S21 residents of Newhallville asking that permission be granted to the Winchester Avenue Railroad company to lay it's tracks on Chapel street, between College and Temple street. . Councilman Wells thereupon introduced a resolution to the effect that permission be granted-as far as the board of council men has any legal authority-to the Win chester Avenue Railroad company to lay a temporary track on Chapel street, thereby joining their tracks with the tracks of the West Haven company until the legislature convenes and grants such permission or, until the court of common council shall instruct them to remove the track, the company to run through cars to the depot and to carry passengers for one fare, five cents; and MT. Wells asked for the unani- nous consent of the board to it's passage.
 Councilman Emery moved that the en- tire matter be referred to the committee on railroads and bridges and his motion was seconded by Councilman Bradley. These objections prevented the proposed resolution from being passed by unani- nous consent.
 The following communication upon the subject from Mayor Sargent was then read:
 To the Honorable Court of Common Coun-
 It is understood, but whether correctly or otherwise am unable to say for want of evidence, that about five years ago an act was passed by the legislature of the state of Connecticut incorporating the Winchester Avenue Horse Railroad con- pany in New Haven, by which said corpo- ration was authorized to operate horse railroad from Division street through Win chester avenue, College street, George and Meadow streets to the station of the New York, New Haven and Hartford Railroad company.
 No progress has been made toward the building of said railroad until very recent ly. It is understood that the tracks of said corporation are now laid through College street (from Division streeD as far as Chapel street.
 It was the intention of said corporation, it's officers and servants, to deviate from the route through which it's charter au- thorized it to lay it's tracks, and lay it's tracks on Chapel street, from College to Church street, contrary to law.
 Being informed of the intention I in structed the superintendent of police to prevent that part of Chapel street from being opened for that purpose.
 The conditions connected with the mat ter and the laws are as follows, as under stand:
 First-All horse railroads are excluded under law from all streets not permitted by their charters.
 Second-No horse railroad having 8 charter right to lay it's tracks in certain street has any right to lay it's tracks in said street until the proposed location has received the sanction of the court of com mon council as to the particular place in said street where to be laid and the partic- ular style or form of the tracks or rails proposed to be laid.
 Third-Section of the charter of the city of New Haven requires the mayor to be vigilant and active in causing the laws to be executed and enforced.
 It appears to be quite unnecessary to call in question the right of the board of public works or of the mayor to grant per mission to a railroad company to occupy, as it may seem to be for it's own selfish interests, any part of any street through which it's charter does not allow it to lay it's tracks; and am of the opinion that the court of common council has not the power to allow the permanent occupancy of any part of street by the tracks of 8 railroad company not having such right under it's charter from the legislature.
 But whether legal permission can be granted by the court of common council for said railroad company to lay its tracks i'll Chapel street, from College to Church or not, and whether said railroad company shall be authorized by the legislature to lay it's tracks in said locality or by and under whatever authority said tracks shall be laid it seems to me that the clerk of sufficient guaranty of the following con- dition:
 First-If practicable (and I have no doubt that it isl the tracks of the Win chester avenue horse railroad company should cross Chapel street from College to the southerly tracks of the Fair Haven and Westville railroad and proceed on said tracks to Church street and then go upon the Church street tracks of the West Ha- ven Horse Railroad company to the rail road stations.
 udt LILO CaIS OI GuS Sdlu " luCuSSLoE Avenue Horse Railroad company, in return ing from the said station should cross over at Church square to the northerly track of the F. H. and W. railroad con- pany and proceed on said tracks to College street on to the tracks of the Winchester Avenue Horse Railroad company.
 By this arrangement all passengers ar irving on Chapel street and whose destina- tion is to the New York or Derby station may be assured of being carried there at one fare and without being obliged to change cars.
 Such an arrangement would avoid the necessity of placing more tracks in Chapel street and would keep the cars more in line. I am aware of the fact that legisla- lation may be necessary, provided the rail road companies, or either of them will not assent to the above arrangement.
 Second-Under any and all circum- stances the board of common council as one of the parties, that every car from the Winchester Avenue company's tracks on College street shall proceed directly to the railroad station, as above stated, with out stopping at or near the corner of Chapel and Church streets longer than is necessary to let off and take on passen- 5ers.
 Third-Under any and all circum- stances no tracks should be laid until their place of location shall have re- ceived the approval of the court of com mon council as required by law.
 Respectfully, J. B. SARGENT,
 Dec. IA, 1891. Mayor.
 Councilman Parsons then moved that the matter be referred to the board of public works with power to act. Coun- cilman Emery amended by striking out the words ''power to act," but the amendment was lost by vote of 14-S.
 Councilman Hogan then asked for the report of the committee on railroads and bridges in reference to the matter, which upon being read, was found to be favora- ble to the laying of the tracks as pro- posed.
 Councilman Wells then offered as an to Councilman Parsons mo- tion that the whole matter be referred to the committee of the whole, and this mo tion prevailed.
 ? The board then, upon motion, resolved itself into committee of the whole, and Councilman Donlan was called to the chair. Councilman Wells then asked that permission bs given to Judge Sheldon to explain theheeds of the railroad company, but Councilman Daggett opposed the re- quest, taking the ground that it was not public hearing.
 Councilman Mcdonald then moved that