Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-07-22
THE RAILROAD WON.

The SelecGmen Give the Morris Cove
Railroad Permission to Relay It's |
Tracks and Relocate Its Poles on
Townsend Avenue-The Hearing
Was Unusually Interesting.
The meeting of the selectmen laat even
ing to hear all persons interested in the
petition of the New Haven and Morris
Cove Railroad company asking for the
right to lay single track on Townsend
avenue and to relocate its tracks and poles
under the new law from the northerly line
of the land of A. q. Thompson to the
southerly line of the property of George
W. Smith, was unusually lengthy and in
teresting.
The railroad company was represented
by Attorney S. Harrison Wagner, while
Judge Hotchkiss and ex-Judge Stoddard
were present to look after the interests of
L. W. Beecher and the other DIRECTORS
The cottsgers at Morris Cove were present
to the number of at least a score, the ma
jority of whom were In favor of granting
the petition of the road.
Attorney Wagner, representing the road,
was the fret speaker of the evening. he
explained at considerable length the map
drawn up by ex City Engineer Hill, show
Ing the layout and location of the poles,
and said that the law gave the board of Sc
lectmen the power to locate the tracks
where 1t wished, and from their decision
there was absolutely no appeal.
Ex-Judge Stoddard, representing Mr..
Beecher, read the injunction obtained
against the road and said that If the road
or any one else put anything in the way 1t
would be instantly removed. He alec
claimed that the road had no right to go
beyond its present terminus.
In reply Attorney Wagner stated that
| under the new law the board of sslectmeu
had the right to re locate poles wherever
| they saw fit, and that the old injunction
had nothing to do with the present case.
When we begin to build the track, he
said, is time enough for these gentlemen
! to talk about injunctions, and then we will
| be ready to take care of them. The board
has the power to change the whole layout
| of the road If IL sees fit. If our sppiica-
| ton ia illegal 1t can be easily annuIled. We
| are willing to have 1t determined in court
| whether or not we have a charter right.
The legislature has settled this matter ones.
We will meet the injunction of the oppo-
nents in open court. We were not &C ired
when they with all their retainers appear
| ed before 265 legislators. The whole thing
in nutshell is simply that in this instance
one man is arrayed against 100000.
| "We have been trying to get you into
| court, but you always dodge the issue, said
ex Judge Stoddard.
| In reply Mr.. Wagner eaid: "We'll hav,
you there shortly If you atte.np. to swing
an injunction on u.s."
Elk Judge Stoddard here stated that tn,
map was not the same as the one shown
him in the afternoon and protested sgsins
the further use of the map, and stated tina
this was point which would be brough
out in court.
1t was explained by Mr.. Wagner that tn
map had been dotted where the road woult
pass and where it wac intended to locat
the poles.
Hon. James Gallagher, in favoring tn
petition of the road, said that he was on
Of the first to build a cottage at the cove
and that 80 per cent. of the people Their
wanted the road. The sentiment of tn
people, he said, was against the DIRECTORS
Messrs. E. Baldwin and George Jones
also residents of the Cove, spoke In fsvo
OF allowing the road to locate it's poles an
tracks.
At this point Seleotmar Beecher made q
objection to the effect that the line of test
mony was irrelevant, es the real point a
iesus was the location of poles and not tn
expression of public opinion in referenc
to the matter. This provoked a geners
discussion among the members of th
board, after which the testimony was COZ
tinued.
Mfr. Gallagher here took occasion to stat
thst the old opposition of the Psquot clu
had dwindled away and that at a recer
meeting of the club held in the Tontin
hotel 1t had been voted to no longer /
made IA "catspaw" of in the matter.
In executive session Selectman Pohlms
moved that the petition be granted an
the re commentators adopted as per ma
of July II, 1898, provided that the raj
road company guarantee to paint tt
? poles and to relay the track whenever tn
t or any future board may direct, the con
pany to sign bond with the town to thu
effect. The motion was seconded almo
in one breath By Town Agent Clarity an
Selectmen Forbes.
S-lectman Bsecher moved to amend
the effect that the permission be granite
to lay the tracks in the center of Il
road. The amendment was lost by a vo
OF 4 to 3, Sslectmen Cunningham, Ga
= rIty, Forbas and Pohlman voting in opp
4 sition and Gilbert, S.ernberg and Beech
D in favor. The original motion was the
Q | passed by vote Of to l, Selectmt
a Sternberg casting the only negative vot
y lSslectman Beecher having in the mesntin
4 left the meeting and gone home