The Portland daily press., 1891-01-12
TINE ROCHESTER EXTENSION.
Meeting of the City Government Sat-
urday Evening.
An Appeal to the Supreme Court Laid
en- the Table.

was nelu Saturday evening 10 CONSIDER
whether 1t was advisable for the city to APP
peal from the award Of the county commits
siOners in the matter of the Rochester extern
sion.
In Board of Mayor and Aldermen.
Mayor Melcher presided. Absent, Alder
man Bagley of Ward 6.
An order was passed allowing, as far as
the city was concerned, the Consolidated
Electric Light Company to use the pole at
the corner Of Congress and Market streets
| belonging to the Commercial Union Tele-
graph Company.
A report from Lyman W. Hanson, inspec-
t,r Of buildings, to the effect that the build
ing on the northwesterly side of Fore street.
known as the McGlinchy brewery, is in an
unsafe condition, was received and it was or
dered that notice of this purport be served
on the owners of said building.
The Mayor then stated that the special
meeting was called to consider matters in re-
gard to the award for damages in the Port
laGd & Rochester extension, and suggested
joint convention of both branches. which
| suggestion was accepted and message sent
to the lower board In reference to the matter
which was accepted by that board.
In Common Council.
In the absence of President Foss Mr..
Strout was elected president pro tenn.
Absent, Messrs. Foss, Fits, Hanlon. VIII
lard, Bracket, Smith, Chapman, Barrett,
Stevens and Westwood,
The message from the upper board was re-
cslved In reference to joint convention to
discuss the Rochester award, and message
returned of acceptance
In Joint Convention.
Mayor Melcher read the report of the
county commissioners awarding damages for
the Rochester extension. The county com.
missioners estimated the damages to the city
at $13, 203 70 and report to that effect. TAX
ing an average of the values per foot made
by the various real estate experts at the re-
cent hearing, the city places its damage at
$23,6S5 81. Upon the basis of these figures
Mr.. Coombs, city solicitor, presented the
city's claim before the county commission
ers. The city solicitor now wishes to know
whether you will accept the award or appeal
to the Supreme Court
Alderman Lewis asked If any one knew
the methods by which the commissioners
made up their award.
.. MT. Coonbs stated that he had been in
| termed by Mr.. Hammond, ex-chairman of
the board OF commissioners, that Messrs,
Plummer and Tolman put down their fig
ures separately, then added both together
and divided by two. The amount thus OBJ
tanned they reported as the award. Mr..
Hammond said that they absolutely refused
| TO Include his figures and divide by three.
| Had they done SO the city's award would
have been rising $4,000.
Alderman Thompson asked for the method
| 0f a0ura If al ANIMAL chQuld 10 fokap
and the probable result.
Mr.. C0Ombs said the notice of appeal must
be filed In the Commissioners Court, notice
given to all parties in intest. and return
| VIII be made on the second Tuesday of next
April. The result no one could predict. He
had expected to win cases he :lost, and had
won cases he expected to lose.
The extension of the road
through the poor farm has damaged 1t to a
greater or less extent The question is sim
ply one for compensation for actual dam
ages; what the land is worth in the market
today. The prospective damages cann9t be
taken into account.
/ 10 reply to a question by Alderman Nc
! Clutchy Mr.. CoOmbs stated that it was his
| opinion that the railroad companies will APP
peal from any award that does not meet their
own figures.
Mr.. McUlut,hy asked, If we appealed, if it
was not quite possible we might be awarded
less uy the Supreme Court than we now re-
| ceived from the commissioners; and IL there
would not be a good deal Of expense In an
| appeal.
would be nothing to the city, as the City So
| licitor was a salaried officer OF course if
this was but the skirmish and hot fight
| took place before the Supreme Court, the ex-
pense OF witnesses would be large, and If
the city failed it would have to pay the costs
| Of the other side.
Alderman Rand thought it would be more
profitable to make settlement with the par
| ties than to appeal.
Alderman Tbompsonlasked If the Deering
| heirs would appeal.
Mr. Coombs said he understood they would
| appeal from the award. They thought if
| the city land was worth Is cents foot, theirs
was worth 20 cents.
Alderman Jordan asked what land had
sold Tor IN that location the past ten years,
and the Mayor replied none had been sold.
The convention then dissolved. After the
dissolution of the convention, In the Board
| OF Mayor and Aldermen, Mayor Melcher in
troduced an order to the effect that the City
Solicitor draw up the necessary papers for
an appeal from the judgment of the Counsy
| Commissioners TO the Supreme Court. This
order was passed and sent down.
In the Common Council, when the order
was put before the board, Mr.. Rounds OBJ
| jected to an appeal. He thought the award
| bad better be accepted.
| Mr.. Josselyn said the highest price fixed
by experts on the city land, he understood,
was 10 cents. and the lowest 10 cents. He
| thought If an average of II cents was taken
that would give SS,2l7 for land actually tax.
en-. The property in the immediate vicinity
| would be wo tn four cents a foot or 81, 100, a
total of $15. 937 in all. Deduct the amount
| awarded and 1874 remains. This doesn't
include the damages to or value of the re-
mote city lands in the vicinity. Now it was
| an open question whether under these cir
cumstanceS 1t would pay, or not, to ap-
peal.
Mr.. McAleny thought the Council should
go slow before it authorized a suit with its
attendant expenses that might last years. If
the commissioners were honest in their
award, is there any probability any other
jury would do better than this for the city
The City Solicitor was asked how soon the
appeal must be commenced, and he said by
| February 1st
Mr.. McAleney moved to lay the order on
| the table for one week and to adjourn to
next Saturday night, and it was so voted.
The Grand Army Encampment.
General Orders, No. IL. in reference to the
encampment were issued Saturday. After