The Newtown bee., 1892-07-15


 rich corporations and did not consider economy. Fencing at $l a rod, $220; land $45 acre, with no ancestral damage. The damage would consist in the incon- venience of taking down the fence inI crossing from one side to the other of the land cut through and in maintaining 120 rods of fence, which Judge Beers placed at $l0O. The wild talk of $500 to 5000 damages to Stephen Beach's farm he did not consider. The whole 10 acres would only cost $450 and eight acres would be left for the owner. If the cost over 5000, they were not to consid- CT the bond, but, if less than 5000, they were to regard it. He considered it the committees duty to find for the petition CTS and proceed to lay out the new road.
 Attorney Wheeler, speaking for the town, would not follow his brother into the hopes of the 10th century, but con- fine himself to the law and evidence on the subject at issue.
 He defined necessity as a fair, honest, reasonable public exigency which re- quires particular layout. A New Hampshire decision was quoted to show that in defining public exigency the burden to the town and the invasion of private lands and rights must be consid- cred. Judge Beers had the eloquence of fine speech, but lacked in mathematics. Engineer Brinsmade did not cross sect ion the layout, but would build it at $6 rod on a wave line. He did not even consider a fill on the layout. Scofield's figures tally with those of other experts, making $17s1 96 for the layout, includ- ing 2S00 cubic yards at 35c., $9S0; 500 at $175; cattle pass, $l10; culverts, 800; fence, $264 96. The value of the land Judge Beers went on the principle of re-
 jecting all the best testimony, that of men who controlled the town, Cut a circular way out of mans farm and no dam ages He put the total cost of the lay
 ont at $2271 96 and the average of esti- mates made $l905. Is it reasonable to compel Trumbull, with a grand list of $600, 1000, to pay $500 for little piece of road that opens no house for travel? Could Bridgeport, with grand list of $25, ,000, ,000, be asked to spend $72, ,000 for a street for 20 families in the suburbs, a proportionate case? To get around this hill would not justify such expenditure. It would bankrupt the towns if all were to cut down or avoid the hills at that rate. Bridgeport's necessity is not that of Trumbull, where houses are falling of and heavy travel, too. Consider the trav- el and locality, with judgment and busi- ness prudence, and it is not fair nor right to lay out the road under such circum- stances. Are there no rights in private property to-day? A Massachusetts case was cited where it was laid down that no mans property could be taken, even if wanted and paid for, unless the public in- terest required it. The fact that Stephen Beach considered 5000 no temptation to give up his land for the layout was to be considered an additional reason not to lay out the new road. Attorney Wheel CT confessed that it was a bad hill and ought to be repaired, but, if it could be shown that the hill could be repaired to give as good road as the layout, then the latter should not be built. The old road could be graded. Fairly and reasonably then, the layout is not needed, for even the testimony of the petitioners comedies that the hill can be made as fair and good road. In distance, 120 feet would be saved by grading the hill. Mir Wheeler spoke at length in defense of theory, as based on experience and practice, to con- firm his position that short, sleeper grade on a hard road is preferable to a long, easier grade on a soft road. If one road is as good as the other, why lay out the new and invade private rights! It would be an absurdity to lay out the new, if the old can be made substantially the same for the same money; 900 yards of rock could be removed for $900, 800 of earth for $400 and $50 culvert. Chap man would take the job and do the work. Averaging with other estimates, Mir Wheeler made the cost of cutting down the hill $l530 and of the layout $l905. The old would make the best road bed. Blakesley had admitted that the old road graded would be next to macadam. In the moist earth around the hill, it was not possible to make as good. a road. The hard road offsets the soft easier grade and heavier loads can be drawn over it more easily. There is no reason for two roads, but, if the layout is granted, the old way must be maintained to reach Warren's land east of the present road. The wording of the warning for the town meeting had precluded consideration of the QIj road. Trumbull is willing to grade the hill, but Daniels Farm wants the layout and nothing else. A Massa- chusetts case was cited where that State permits the old way to be fixed, if the new is not granted. There would be no more ice and snow on the hill than on or dinary country roads. The Branford case cited shortened distance by mile. In brief retort, Judge Beers questioned some of MT Wheeler's figures, was willing to confine himself to Connecticut law and said that the theory of the application of power was where Mr Wheeler was at fault in his longer, easier grade, as com pared with a short, sleeper grade.
 SOUTHPORT.