The Portland daily press., 1895-05-25

| ganized under their charter, asking for q
location across the bridge. There they
stopped short and proposed to proceed IN u
der the general law. The charter gave the
municipal officers of the towns through
Which the road ran certain rights as 10
defining the manner in which the track
should be laid. 1t also made the location
temporary. 1t looked as if the intention
here was to avoid these restrictions Ger
tainly these gentlemen had laid them
selves open to the charge of bad falgh
with the legislature and Of trying to OBJ
tain under the general law what they
could not get in their charter. They SAID
''We will take the cream and you may
have the refuse"
| County Attorney True said that repre-
| senting the county, he wanted to rem
force the objections just made by Judge
Robinson. Mr.. True spoke of the yallle
of Portland bridge to the city of Port
access. Over this bridge passes greater
amount of travel probably than over any
other one avenue of entrance to the city
save that used by the electric cars to
Deering and Westbrook. When the
charter was asked for of the Legislature,
and was granted, giving the company the
RIGHT TO CROSS THE BRIDGE,
1t was supposed that under the charter
there was to be constructed road OF a
number of miles in length. Consequently
supposing that the county was to deal
with a corporation controlling large
amount of property, the county commits
sioners consented to the crossing of the
bridge. They assumed that in case of in
| jury to the bridge through any negligence
of the railroad company they would be
able to look for redress to a large corpora
tion, able to bear it's burdens. The char
ter also gave the county commissioners,
| it they deemed it wise, power to order
the widening of the bridge, the expense
to be borne by the railroad company But
now, instead of dealing with one large
company, the county authorities found
that there was only mile of road held
under the charter. In case of injury TO
the draw in that bridge by collision,
there might be very heavy loss and q loss
which, if caused by the negligence of this
chartered company, it would not in its
present form be competent to assume.
Neither was this road extensive enough
to bear the cost of widening the bridge il
| that should be necessary. The legislature
evidently intended to deal with the
corporation and these gentlemen, for Mr..
True assumed that the same parties were
| interested in both companies, had not
dealt fairly in taking this course. Mr..
True raised another point Certain of the
roads over which the railway will pass
are county ways They are narrow and
the time is coming when they must be
widened. Under the charter the mum
cipal officers had certain rights which un
der the articles of association, they did
not have. The county commissioners re-
garded these restrictions as of Importance.
Mr.. Hartford was the next speaker in
opposition He urged that the removal OF
| the restrictions in the charter as to the
method of constructing the road, would
| do great damage to property along its
route. Mr. Hartford said it was not true
that he opposed the construction of an
electric road to Cape Elizabeth. He was
enthusiastically in favor of it, but he. did
object to the approval of these articles
| He believed that the road should be con
structed under the charter and he had in
his pocket a remonstrance signed by lead
ing men of his section against the pAes,
ceeding now proposed n.
| Mr.. Hale then took the floor in
DEFENCE OF THE PETITIONERS
and claimed that the points raised here in
opposition were not pertinent, the law re
quiring the commissioners to approve.
The gentlement who had raised these
points, however, being among our best
lawyers, Mr. Hale asked the commission
ers to bear with him few minutes while
he answered them, as the gentlemen were
entitled to a respectful hearing. Still,
Mr.. Hale was so confident that these OBJ
jections were not pertinent at this time
that he should not be surprised if the
commissioners stopped him at any time
for needlessly taking their time The at
torney for the county told about the
length of the bridge. That had nothing
to do with this matter. why" said Mr..
Hale, was importuned all last winter by
men living all over the city of Portland
who said ''Why don't you go to the enc
Of the bridge and leave it there to the
general law" One of the county COM
missioners had made this statement an6
it lay all in the months of the board tC
now appear here in opposition"
Judge Robinson represented, said Mr.
Hale, the town of Cape Elizabeth, but
the articles were not for a road in the
town. Mr.. Hale did not understand the
ground on which that town came into the
case, unless it did so as any citizen might
| come.
Judge Robinson Wasn't what is now
the town of Cape Elizabeth, a party te
the original contract?''
Mr. Hale" Yes.''
Judge Robinson-s'' Do not the people
of Cape Elizabeth have to drive ovel
these roads?"
Mr.. Hale admitted that they did.
"Well," said Judge Robinson, that to
my mind shows two very good reasons fol
the towns being represented -
Referring to Mr.. Hale's contention, al
ready mentioned above, that the constitu
tionality of special charters was in doubt
Judge Robinson asked Mr.. Hale why the
company had proceeded under the charter
within the city of Portland. 'The re-
mark may not be revelant,'' said Mr.
Robinson, "but it seems to me that yor
blow both hot and cold on this question
/, of constitutionality
/; Mr.. Hale said that it was perfectly ap
parent that this little piece of road mus1
be used in connection with the greater
line outside the city, and so it was evl
dent that the fact that this piece was
built under the charter would not atfec1
the financing of the road.
Mr.. Harford-"Mr Hale, may l asf
you a question? Do you know whether
the piece of road now being CONSTRUCTED
. in Knightville is being built by thu
chartered company or by this new com
| which hac hoe for1,,p1p''