The Portland daily press., 1895-06-11

Gates the Change; while Hon. Geo. e.
| Bird Appearing for Citizens, Objects
Some Say the Railroad Is Hoggish and
Others that it is Not.
An important hearing was held in
the aldermen's room yesterday afternoon
before the committee on laying out new
streets. Mayor Baxter presided, and Al
derman Thompson and Peters and Coun-
cilmnen Nickerson and Slower were pres
ent. The Boston & Maine railroad wish
| to have the city discontinue the Cape
Elizabeth crossing from Commercial
street near the foot of Brackett street to
| the northerly end of the drawbridge
This is what is known as the "gridiron. !"
The railroad proposes in return for this
to make over to the city and pave the
private way now in use around by the
old depot at the foot of State street and
the offices of the International S. S. Co. ;
and also to preserve to the city the right
the "gridiron'.
| Quite delegation Of prominent citizens
were present.
Judge Symonds appeared for the rail
road, Hon. Geo. E. Bird for interested citi-
zens, and City Solicitor Wilford G. Chap
man for the city. Among those present
were Messrs. Elias Thomas, Henry ST.
John Smith and George P. Wescott.
| In opening the hearing Judge Symonds
said he would state the position of the
petitioners. 1t was proposed to discon-
tinue the street at Cape Elizabeth cross
| ing, and the Boston & Maine would in
return preserve to the city the right to
| erect posts for new overhead bridge,
should one be needed turn over to the
| city the private way running by the old
station and the wharf of the Information
al Steamship Company, and also pave
this way. This proposition was in the in
terests of the public. The crossing at
present is dangerous, and there was for
the city liability for injury resulting
from this crossing. There are 23 railroad
tracks on this crossing. Judge Symonds
dwelt at length upon the dangers of this
crossing. Now the Boston & Maine off
cred to give to the city the other street
free of charge, and to lay out on it $40, :
600 worth of paving. Under the agree
ment of August, 1874, the road secured
| the right to lay and maintain it's tracks
on condition that it should assist in
| building the Clark street overhead bridge,
and also open the private way around
by the International Steamship wharves.
By these arrangements almost all the
| +co II;
beth crossing Now only tenth of the
travel went over this crossing.
The contract specifies that the city
shall maintain the bridge after it has
been constructed jointly by the city and
| Boston & Maine. There is then that
dangerous crossing which the city has
responsibility. Would it not be wise for
the city to give up that street, especially
when the Boston & Maine virtually off
| ers ten thousand dollars to the city.
We do not propose an extinction of the
right of the city to the Cape Elizabeth
crossing, but only the discontinuance of
the grade crossing. We propose to give
to the city the right to place posts for
an overhead bridge from the draw bridge
| up to Brackett street.
The contract proposes to give the new
street to the city and pave it, and also to
give the city the right to place posts for
sustaining an overhead bridge from the
drawbridge to Braekett street. The old
bridge company never had any rights on
those flats except for maintaining an
overhead bridge. And the County OF
| Cumberland has long abandoned any
claim to rights. We propose to give to
the city the right to erect posts for a
bridge, provided, of course. that the Clark
street bridge should be discontinued.
Hon. George E. Bird appeared for Port
land and Cape Elizabeth parties He said
that we all feared the Greeks when they
came bearing gifts. The proposition
was first, the discontinuance of Cape
Elizabth crossing ;and second, the making
permanent to the city the privilege which
southwest end of the Boston & Maine
buildings. That is, the railroad will
saddle upon the city the repair, mainte-
mace and care of three times the amount
of street that is asked to be discontin-
ued A few tons of paving stones are
to be thrown in. Mr.. Bird read the old
contract whereby the bridge was sold by
it's proprietors to the Coun ty of Cunber-
land. In 1858 the right of way from the
bridge to Canal street was given the
county. In 1855, upon petition, Portland
bridge was lowered, and the location
was filled up, because the overhead bridge
was SO dangerous. Therefore, Mr.. Bird
claims that that location is now part
of Portland bridge. In 1859 the P. S.
& P. r. r. laid four tracks below its real
location, and was indicted therefor.
But the prosecution failed because Of a
flaw in the Indictment. Had it not been
for that flaw, tthose four tracks would
have been declared nuisances.
In 1856 the wooden superstructure was
taken away; the public right of way con
tinued; the way had been used as pub
| lie way since 1856; the side tracks of 1866