The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-10-22
THE cHAsEs' CLAIMS.
the Aldermen Give Them leava ;.
Withdraw.
mr. Locke Says the City wul Pay
Notwithstanding.

Notwithstanding.
An adjourned special meeting of the
Board of Mayor and Aldermen was held
yesterday afternoon to continue the bearing
ordered In the case of the Chase heirs claim
ior damages on account Of the alleged rails
ing OF the grade on Commercial street.
Inc Cnase heirs were represented by j. A.
Locke, ESQ.,, counsel. City Solicitor LARA
pee appeared for the city. The members of
the board present were Mayor sTrue, Alder
men Birnie, Gallagher, McClutchy aud Co.
nant.
Mr. Locke opened the case tor the Chases.
lie said that the grade of Commercial street
was established in 1852, since which time
the street has been gradually filed up and is
now from foot and half to two feet high
er than 1t was when laid cut.
Mr.. Eben Corey. merchant on Commercial
street, testified from his recollection of the
locality, he having been in business there
when the street was put through He
thought the street had been filled In c0nsid-
erabiy. The grade from Fore street to Com.
mercial was originally much sleeper than it
now Is. lt was common talk from year to
year that the street was filling up and it was
matter OF uncertainty what the true
grade Of the street really was. He remem-
the original Chase store as 1t stood in 1851
he believed the store stood at grade. Since
then the grade has been raised, he believed,
at.least two feet at the foot ofMoulton street.
Cross examined-Witness said his reason
fcr thinking the store was put at grade was
that he thought MIR. Chase was too sensible
man to put his building below grade. In
regard to the height of Long wharf, W tines
said that when he first knew it high tides
swept across 1t.
VIM. McCann-Remembered when the
present Chase building was built In 1923.
Saw Mr.. Chase and three engineers survey
ing for the level and believed the spiling for
the underpinning of the building was sawed
off at level of grade. The street was built
along by the level Of the caps covering the
spiles that the railroad was built on through
the street. Witness could not say whether
or Lot the building was built on the level
that the engineers gave Mr.. Chase The in
struments used in getting the level were a
carpenters level, tape line and little stakes
driven In the ground. Witness was not ac-
quainted with the manner of making sur
yeys and did not know whether it was the
practice to use carpenters level or not He
was sitting on the street corner with other
men and saw the men using the level and the
tape line.
Edward P. Chase-Rembered when the
street was put through. He was contrac-
tor at that time. Built the Moulton store,
the first brick store on the street. The store
was set at grade, he believed. The floor in
this store has been raised since then. Be.
lieves the grade of the street has been raised
foot and half since then. The Gaping
stones of the sea wall were put on at level
OF the railroad. In building the store, wit
ness took the grade from the architect.
There was considerable discussion some
years later about raising the grade of the
street, but whether any action was taken In
regard to the grade he could not say.
Thomas Conor-Was familiar with the
building and the sirset. Think it has been
raised foot and half. The Chase store
when rebuilt was above grade, and one had
to step up one step to go into 1t.
Charles 4. Howe, civil engineer, testified
that the sea wall along above the Chase
store has been raised nearly two feet. 1t is
ntteen years since witness last saw the pro-
file plan of the street. Ii connection with
the plan was the profile showing changes,
and also data as to the height of the wharves.
The floor in the Milliken store has been
raised sixteen inches and is now on level
with the sidewalk. The height of the street
as compared with the wharf i 1877 foot ex-
cess as measured today. As matter of
Judgment witness thought the street had
been raised two feet.
Mr.. Locke at that point stated that he had
made every effort to find the original plan
spoken of by Mr.. Howe, but without result.
Daniel Chase testified that in the highest
tides the top of the sea wall was above water.
The store was built fifteen inches above the
top OF the wall. Thirty-two inches have re-
Gently been added to the top of tho wall, and
the building since 1t has been blocked up
new stands nine inches above the top of the
wall. The street has been gradually rising
ever since 1t was built. The expense to us
on account of raising the store and estimate
s., 300.
Cross-examined-Th store was considered
low in 1879, and we talked of raising it then.
Witness thinks that Long wharf is about as
high as the adjoining ones.
City Engineer Goodwin testified: The
surveyors books begin with 1860, all previ-
GUS ones being destroyed We have base
line established by the United States Survey I;
the zero of which Is the mean between ex-
treme high and extreme low water. On the
corner of Moulton and Exchange street the
legal grade is 11659, as re corded by G. r.
Goodale In 1864. and since then there has
been no change. There has never been any
time since 1864 when the grade has been two
feet lower than that, and the record Of 1864
speaks Of 1t as an established grade. To
raise that grade two feet would require the
dumping In of over 100 cubic yards for ey-
came city engineer in 1871. and since then
has never seen any radical change In the
grade of Commercial street.
Mr.. Chase, recalled: In 1879 or 1882, was
standing In the door Of my store, and Mr..
Goodwin came Ialong. We spoke of the
the Grand Trunk had raised their track no
less than six times, and not less than four
inches each time, but that the city had so
fixed the matter that they could not raise it
any more.
The City Engineer, recalled Had no rec
election of any such conversation, and there
were no facts in his knowledge that would
cause him to- make such a statement Fur
thermoEe, it Is unlikely that be would have
said sgeh thing, even had he known 1t, and
given the city's case away.
Mr.. Locke argued the case briefly for his
clients and asked an award in damages that
would recompense them for the amount they
had expended In raising their store to the
street grade and amount that would be nee
essary to raise the wharf to the same.
At the conclusion the Mayor asked wheth-
er or not it was the pleasure of the aldermen
to lay the matter upon the table for fur
Their hearing.
Alderman Conant said he thought the mat
ter could be settled as we'll now as any other
time. In consideration of the fact that Mr..
Daniel Chase had testified the store was be-
low grade in 1879, and inasmuch as any claim
for damage must be filed within one year
after the damage is inflicted, and further
considering that so far as he could find out
from the merchants along the street, the
general opinion was that the Chases had
been benefited instead of damaged by the
raising of the street to grade, he moved that
the petitioners be given leave to with
draw.
The vote upon the question was unani-
nous In favor of leave to withdraw.
Mr.. Locke professed to be pleased with
the result of the vote, and said he should be-
gin proceedings in the courts and the city
would have to pay the whole bill just the
same.