The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1891-11-13

THE VERNON ROAD CASE.
The Testimony and Plans Before the Cour
Commission Last Week. difficulties IL
Which the Subject Is Involved.

The Testimony and Plans Before the Cour
Commission Last Week-Dimculties IL
Which the Subject is Involved.
The ''Vernon road" case had a.
extensive hearing Friday and Saturda,
before Judge L.. s. Walker, Henry
Lane and o. II. Garfield. the court commiss
ioner. on the petition of large number @
Brattleboro and Vernon people to lay out
new highway. The commissioners spent two
thirds OF the first day In looking over III
ground. Judge Wheeler, DR.. j. Draper
Hon. B. b. Harris, w. r. Richardson, Geo
II. Clark, g. A. BOyden, Superintendent
Foss of the Central Road, Superintendent Il
+. Brooks of the Bratt;eboro and Whitehall
Frank Reed, A. G. A lien, j Henry Pratt
Warren Cushing of Vernon, and o'her
appeared as witnesses to testify to the dan
ger of the pre- sent situation, because of clos
proximity of the highway to the rail
road with scores of trains passing daily
and all agreed that the public needs qu'reC
| better and safer highway along the western
side of the depot grounds. The record OF th'
towns vote two or three years ago, upani
mousy instructing the select men to cause
the railroad tracks to be removed from the
| limits of the public highway sunless the rail-
road should provide another highway" wa,
put in evidence.
But when 1t came to definite propositions
there was a wide variance of opinion. A
plan was presented by Charles ]. Day OF
Greenfield, civil engineer for the Fitchburg
road, for a road from Jas. Griffin's house
along the pank - to IS feet above the railroaf
and coming out by Aleck Aliens. which he
estimated would cost about $6000,or In mod
ified form $4,000, by beginning at the bottom
of the bill. Some of the other witnesses,
including Superintendent Foss. however,
"guessed" the figure up to 500, 900 or $50 600
Another plan proposed was to follow the
t,tr fa- fhn
then up that, along the plateau, and down
through ravine, coming out at a. q. Aliens.
'Ihs would be making another hill to go up
for the sake of coming down, and ought not
to be considered.
Another was to cut off the point of the bank
about opposite the ice house, repairing the
road as now laid out and moving back the
houses north of the Wood road which stand
within the limits of the highway.
But majority of the witnesses favored the
highway as 1t now stands. throwing 1t back
towards the bank to the limit of the survey,
taking the land occupied by the houses, rats
ing the level Of the road about two feet, and
putting up high board fence between the
railroad and the highway.
1t appeared in the evidence, as was well
known before, that the west track of the
railroad is In the highway, one rail for con-
siderable distance and at some points the
whole of 1t. that 1t was so laid five or six
years ago at the request and for the conven-
fence of the Estey company and other large
shippers ana business men here, and that It
was done with the knowledge of the select
m~ and without objection from them. Mr..
Foss said the road would take 1t up at any
time. Mr.. Brooks testified that the land oc-
cupied by the encrOacbment was very con.
venent for the railroad and perhaps would
be needed with still more to the west some.
time, but that for the present they could get
tk1xy had rflO mud
room down on their farm and more yard
room than when this track was put In, be.
cause the narrow gauge transfer had been
moved down to the farm.
the petitioners to state what the railroad
would be willing to do. He replied that be-
fore the Indictment and the bringing OF the
petition they had offered to pay QUE half the
sxpenses Of putting n % Wal " ahd n1rs nEn
They took out rail and board fence when
they put the track there. He said he wa. not
to make any different proposition
now but he would consult with his folks and
thought they would do anything reasonable.
The commissioners after taking the evi.
dence again went down with the surveyor to
look over the present limits of the highway.
They requested Col. Hooker, as first select
man, TO obtain from the railroad It's Oest Of
fer of what 1t would do towards making
or repairs provided 1t is allowed to
keep and use what 1t has taken by encrOach-
ment Pending this, action Is deferred.
The bearing developed the manifold diff.
culties that surround this SUBJECT however IL
Is viewed.
The commissioners must either dismiss the
petition or lay out new road. They can't
DO anything about ''repairs" except IN an ad-
vIsary way as citizens, while officially dis
missing it. :,
Unfortunately the railroad Is not Joined In
he petition, and it Is C aimed that to lay
h hftrhx ts.
continue the present, one and with
,ut further action the land would under
.he law revert to the original owners, and the
railroad would have TO buy of them. II left
IN that way naturally the railroad would not
chip In, much towards new highway.
Another acton could be brought against the
own, before new highway Is laid out, to
condemn the land occupied by the highway to
,ne use of the railroad. But as a matter OF
aw it seems to be fact that the road, hay
ng been laid by court commissioners, can
,nly be discontinued by them and on petit
ion brought for that purpose. So 1t Is not
.asv to see how the laying out OF new
highway would of itself have the legal effect
If uiscontinOing the old one.
But some such adjustment with the rail-
oad, our citizens will generally believe, Is
What ought to be done. As the railroad busi-
less Is developing now, all that land will
,e needed by 1t IN q few years. 1t ought to
,e secured now, and the "a ,0OO which it cost
be town, contributed towards the construc-
on of another highway.
To merely move the trespassing tracks, |
While 1t will make the situation little better,
nd while 1t ought to be done II no other way |
4 adjustment can be found, woGld still leave
he place very dangerous to the life and limb |
1 everybody that undertakes to drive dswn
here.
10 attempt to get along by utilizing the
80 49, iub tnVnlVa |
ardship to the owners of The houses along
here, who are in the highway, as they have
een for generations. And tl,en at best II
Won't leave the highway and railroad but
ew feet apart, and though high fence VIII
ecrease the danger somewhat, there VIII be
many frightened horses.
The commissioners didn't hesitate to ex.
,ress their opinion that the people are not
low given such highway as they should
ave, and that something ought to be done.
heir suggestion to the selectmen indicates
nat they think reasonably safe road can be
natle en- land now owned by the town, start
ng in by the Griffin house. removing the
our houses that stand all out two feet on the
highway, following the west line OF the sur
ey until the bank by the Woods road Is
cached, cutting that perhaps and removing
be Dundon house.
Col. Hooker says for the selectmen this
lorning that he does not believe they Will
yer consent to the moving Of the houses for
be sake of letting the railroad remain on the
ighway. They have made proposal to the
abroad to divide the expense OF raising the
resent read few feet and putting up high
ence.
But It seems to US that this will be make
hift that will never be satisfactory, and that
be way to deal with the problem Is to solve
for all time by q new highway rs far re.
loved from the railroad ~ possible.
psskins & Stoddard appesred for the pe.
oners. waterman, Martin & Hit for the
,wn, resisting the petition. No evidence
oweyer was put 10 BY the latter side. They
,.tal vr han the v,afifioners did and the case