The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-07-04
CAPE ELIZABETH BRIDGE.
The Commissioners Held the Case
Under Amusement.

Stirring Arguments Made by Messrs. Bird,
Libby and Judge Robinson, Messrs.
Heckbert. VerrilI, Perry and Hale-The
Legal Points Raised on Each Side.
Bridge case was continued in the court
room before the county commissioners
yesterday morning, the various counsels
making their arguments.
Mr.. E. E. Heckbert spoke for the citi-
zens of South Portland He said his
favor of allowing the road to be built on
the present bridge, because they desire
the road to be built and they fear that
the obstacles are being placed in the way
of the road, so that the opening of it will
be postponed. His clients think that the
public safety and convenience do not de-
mand the widening of the bridge. The
building of the road will lessen the
am CUNT of travel cross the bridge and the
building of the road will increase rather
than decrease the public safety.
Mr.. S. G. Perry spoke for the town of
South Portland and its municipal officers.
He said every man, woman and child in
the town is in favor of building the road
He said that the town is pretty we'll
walked up over this matter. He said the
opposition to this road comes from
source which does not appear on the
surface. Mr.. Mccain says this is fight
between the rich and poor people. The
rich summer residents oppose it because
they want no road 1t is the same in
Portland. Whenever any new enterprise
is started, just jock where the opposition
comes from. He expressed strongly the
earnest feeling in favor of this road in
South Portland.
Mr.. Bryon D. Verrill said this is
matter which in general way interests
the whole country. 1t may be said that
the question is not whether the road shall
be built, but as to how it shall be built.
But the feeling is strong that obstacles
are being thrown in the way to prevent
the completion of the enterprise. He
thought the bottom of the oppositions by
summer residents on the Cape is that
they do not desire any electric road.
Their pleasure privilege should give
way to the interest of the mass of the
people. The commissioners should not
consider the question as to whether the
bridge might not be made safer but as to
whether the widening is absolutely
necessary. He sketched the history of the
bridge. 1t was built in 1928 and was
turned over to the county in 1861 He
questioned the legal right of the county
commissioners to locate an addition or
widening to the bridge across tide waters.
He contended that section three of the
charter expressly gives the right to the
railroad to construct their tracks on the
easterly side of the bridge for the period
of five years. AT any time to widen the
bridge on the easterly side the commits
sioners must have express legislative
authority. After the period of five years
the commissioners have right to compel
the railroad to build its own bridge, but
the commissioners have no right to build
bridge for the railroad After five years
the county has the right to widen the
bridge, instead of compelling the railroad
to widen. The county has the right now
to widen the bridge at it's own expense.
He argued that the railroad has right at
oncs to build their track across the
| present bridge on the east side, and the
commissioners have only the right to
regulate the manner of building the
track. The commiss ions have no right
to construct the bridge and take their
chances of being able to collect from the
railroad the cost of SO doing. 1t is fairly
understood that the railway corporation
cannot afford to pay for the widening of
the bridge at present, until they get the
road to running and are earning some
thing. He thought the fear that the
building a bridge on it is largely
i'm aginary.
| Mr.. Clarence Hale made a strong argu-
ment infavor Of the commissioned the
road on the present bridge He spoke of
the strong popular feeling in South Port
land against the widening of the bridge.
The South Portland people, being unani
nous should have some consideration.
The opposition to the road comes largely
from imaginary fear. He thought if the
road should be built on the bridge, the
very opponents now would in short time
admit that there had been no increase in
danger on the bridge. Responsible men
come here and state that there is no
present need of widening the bridge He
asked fair play for his clients, who are
bringing large amount of money into
the country and expanding it here. The
road is to be paid for directly, not by the
sale of bonds If bonds are issued it will
be after the road is built and an assured
success. If the road is compelled to wait
for the widening of the bridge it will be
great hardship He made an earnest
plea for the commissioners to allow the
road to be built across the present bridge
and give it a fair trial to see whether it
proves dangerous or not
Mr.. George E. Bird spoke briefly for