The Portland daily press., 1895-07-08

| Ch1sholm S letter referred to-the produce
of the mill, not the coal for its operation,
Mr. Chisholm says that it cost $50, 900 to
put this track to the rear of the mill.
The Power Company has the RESPONSE
bility Of general interests at Rupford
Falls 1t cannot allow special privileges
to this one paper company to become
permanent menaces to the general in
terests. They know as well as we. that we
didn't intend to make that track perma-
nent We put it there to oblige them and
then they compel us to keep it there year
after year and compel us now to have
row with them to get rid of it. They
ought not to do it,. Under the circum-
stances we are the ones who have cause to
complain and not they. What is there to
compel us to put this dangerous track
there? We saw the danger that they would
endeavor to have it permanently there and
took pains to notify them that the track
would be changed after May 1st.
I submit that the Power Company
would not be justified in allowing. this
public menace to exist any longer.
| The Power Company refuses, in ex-
press terms, to give even the Railway
Company any rights to lay tracks on
| Canal street.
Judge Symonds contended that even if
| Mr.. Chisholm's letter was as binding as
a contract, which they did not admit,
the letter represented the Railway Co.
| But it is the Power Co. that owns Canal
street and whose title is absolute there
| The Railway Company has no right to
| put it's tracks on that street, even had
| it promised to. The Power Company is
the fundamental company at Rumford
Falls. 1t must take care of the public
| interests and not allow private corpora
tions to monopolize public road
| The Paper Co. has not a scratch of pen
or word of mouth that gives them any
right to the tracks on Canal street.
AS to the alleged great damage, that
| would result from the location of the
track as proposed, over the haul-up and
nearer the mill, Judge Symonds con-
tended that the Paper Company was mis-
taken about that They had been accus-
toned to having plenty of room for their
haul-up and had come to believe that
all that room was necessary. If obliged
| to change the haul-up, they would speed
lily find that they could make the alter
alton with much less difficulty and ex-
pense than they now believe.
Judge Symonds' opening declared very
plainly that the Power Company had
always intended that the side track, as
now located, should be only temporary,
had always contended that it was dan
gerous to the retaining wall and had
given due notice that it must be changed
after May first Also the present location
lessened the width of Canal street one
| half and was injurious to the public in
terests.
AS it was nearly supper time at the
close of Judge Symonds' opening, Judge
Foster suggested that they adjourn the
hearing till the evening. He would be
able to hear the testimony for the defense
for an hour or so after eight O'Clock.
| After supper the corporation officials
and their counsel engaged in long dis
course, with the result that willingness
was expressed by both sides to endeavor
to come to some agreement in regard to
the inside track and the haul-up whereby
the matter could be settled to the salts
faction of all concerned. 1t was decided
to inform Judge Foster that it was the
general wish to stop the hearing for the
present and postpone it till it should be
determined whether an agreement could
be reached or not If it cannot be then
the hearing will be called again and the
case continued.
Pending the result of this effort for con-
ciliation. the Power Company will not,
of course, lay the track in the proposed
location that the Paper Company alleged
would stop the use of the haul-up and
cause the shut down of the mill.
Judge Foster said that he was glad to
hear of their decision and thought that
they had acted very wisely in thus en-
deavoring to come to some settlement,
without further litigation.