The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-07-06
RUMFORD HISTORY.
Told in the Hearing at Bethel Be-
fore Judge Foster.
THE PAPER COMPANY,S ACTION
AGAINST THE RAILROAD.
Its Claims that an Agreement Has
Been Violated and Quotes Promises
Made When the Mill Was Built-The
Story of the Track and the Haul Up,

Made When the Mill Was Built-The
Story of the Track and the Haul Up,
ESPECIAL TO THE PREssl
Bethel, July 8. This forenoon, before
Judge Foster, was held hearing on the
petition for the granting of pre-
liminary injunction against the Rum
ford Falls Power Company and the Port
land & Rumford Falls Railway, brought
| by the Rumford Falls Paper Company
to restrain the railway company from
changing the location of the side track
on Canal street that supplies the paper
mill. The facts in regard to this side
track and the interference with the log
haul-up, have already been published
in the PRESS.
! At the hearing there were present
| besides Judge Foster, the counsel for
the complainant Hon. Chas f. Libby and
Benjamin Thompson, Esq, Of Portland
! the counsel for the defendants Judge
JOSEPH W. Symonds and Charles S. Cook,
| Esq, of Portland; and Hon. George d.
Bisbee of Rumford Falls; the president
of the paper company, Daniel F. Emery,
Jr. If Portland; the president of the rail
road and power companies, Hugh J.
Chisholm of Portland; Railroad Com
missioner DanfoFth, who was the engi-
neer who built the railroad and who was
present. as a witness, Manager Schenck of
the paper company, Hon. Waldo Petten-
gill. agent of the power company; Chas.
A. Mixer, resident engineer of the power
company John A. Decker, superinten-
dent of the paper company; and HI. S..
Fergerson, the civil engineer, who built
thepaper mill.
Proceedings opened by the reading OF
the bill in equity by Mr. Thompson and
which states that the proposed action
of the railroad company will cause
great and irreparable damage to the
paper company
Mr.. Thompson stated that the power
company owns the falls and dams at
Rhlnford Falls, and has built canal
which runs close by the paper mill
When this mill was built Mr.. Chisholm
gave the company written assurances to
Manager Schenck in regard to side tracks
and freight rates that would accommo-
date the bus mess of the mill, which is
now employing $50 men day and night
land which uses 40, 600 feet Of logs per day
in the manufacture of pulp They come
down to the middle level canal in sluice
the haul-up. The side track, as original
ly laid, was used to convey the material
for the building of the mill. When the
mill was completed it was found that
the track was too low to allow the pas
sage of the logs under it. Therefore it
was agreed by the managers of the com
panies that the location of the track
should be changed. This was done and
things progressed smoothly until one
morning last May Manager Schenck was
surprised to find that the track had been
taken up. Later, information was re-
ceived from the railway that the track
would be relaid in it's original position,
thus preventing, the hauling of logs up
through the haul-uD. Mr.. Thompson said
that this condition of affairs, it is appar-
ent came about as the result of a dis
position on the part of the railroad and
power companies to seriously ripple
the paper company. This unjust action
took place within "a hours after Presi-
I,dent Emery of the paper company had re-
fused to put his name upon the paper OF
the Otis Falls Pulp Company, of which
Mr.. Chisholm is also president. We fea1
that this action to cripple the paper
Mr.. Emery.
The action in regard to the side track,
was represented by Mr.. Thompson as
liable TO seriously cripple, if not wholly
| ruin, this great paper mill that is now
turning out so tons of paper per day.
PRESIDENT EMERY'S AFFIDAVIT.
The affidavit Of President Emery stat.
ed that he and Manager Schenck were
jointly in control of the paper mill. He
had been frequently assured by Mr.. CHS.
holm that Canal street was to be used
| for a side track.
The rest of the affidavit was repetition
of the statement in the bill of equity.
| 1t stated that if the action of the railroad
company is allowed it will practically
suspend the operation of the paper mill
as there is no other practicable way tC
get the logs out of the canal into the
mill.
In Mr.. Emery's opinion the changing
OF the track can in no way benefit the
power company, and he believes that il
has been done solely for the purpose o1
| crlppling the paper company.
MANAGER SCHENCK'S AFFIDAVIT.
4 The affidavit of Garrick Schenck, man
uSOI VI oiiO PePOl oOiIlptbIy, ottlCu ULlt
facts in regard to his connection with
the mill, which was erected under his su
pervision. The affidavit repeated the
statements of the bill in equity 1t de-
clared that Mr.. Chisholm agreed with
Mr.. Schenck in writing that everything
would be done by the power company
and railroad company that was possible
toS.assist in the operation of the mill srIt
further stated that it was not unit.
after the power company had ceased tc
be stockholder in the paper company
that the change in the track was made
AN IMPORTANT LETTER.
Mr.. Thompson then read the letter oi
Mr.. Chisholm to Manager Schenck. II
reads as follows:
Boston, December 5, 1891.
Dear Sir-As president and the control
| ling owner of the Portland & Rumford
Falls Railway, I beg to assure you that
l shall make the rate of freight upon
all materials coming to and the
manufactured product of your proposed
mill, when completed, to New York,
Boston and all points west, so that you
will be as favorably placed in regard
to freight rates as any other mill sim
| ilarly situated. In regard to the s1dings,
| they shall be built in such way as tc