The Portland daily press., 1895-10-08
land Railroad company's tracks.

| pave the streets it passes over, to pay for
all the paving torn up by it, to remove
snow and ice in WATER, to deliver and
to the city the dirt resulting from ex-
oavations, etc.
| This substitute was defeated as follows
| Yeas-Dam Thompson-2.
Nays-Duddy, Peters. Randall, Smith
| "A
| The aldermen voting nay explained
that they thought the order all right, but
as such conditions had not been asked of
other roads, it should not be asked now.
Alderman Thompson replied that he
had always commended that these fran
chises should not be given away for moth
ing. 1t was wrong policy that the city
had been pursuing. This matter had
gone TOO long already.
Then Mr.. Peters substituted a new
order for the one that he had first pro-
posed. The new order was like Mr..
Thompson's, except that it does not re-
quire the company to pave entirely the
streets on which it passes. 1t must pave
between it's tracks, however.
This order was passed then, Alderman
Dam alone voting nay because of his OBJ
lection to the double track on Federal
street.
The decision was greeted with applause.
A petition for the location Of the poles
was next introduced, and the usual notice
of hearing was ordered.
An adjournment of the city govern
ment was taken until next Monday at
T. 30 O'Clock
VARIOUS ORDERS.
Among the orders passed were the
following:
That the city of Portland heartily en-.
dorses the petition of the City of Deering
to the County commissioners praying for
the widening of Deering avenue.
That $35 be paid to George H. Hughey
of Long Island, for loss of seven sheep
and three lambs by dogs on Marsh island.
That $1,000 be transferred from the ap-
preparation for vault in the City
public buildings.
That sidewalk be laid at Nos 46 to 81
Elm street.
That $500 be transferred from the ap
Precipitation for bells and clocks to the APP
preparation for electrical applicants.
That 1895 taxes on the property OF the
heirs Of the late Elias Merrill on Chad
wick, West and Vaughn street, be abated
to the extent called for by the agreement
of December 26, 1878.
REVISION OF CITY CHARTER.
1t was voted that the mayor be
authorized to appoint comepetent person
to prepare draft Of new city charter,
also to appoint two other persons, who,
with the first named person, shall consti-
tute a commission to which said draft
shall be submitted for approval; said
draft to be completed before the first day
of the next legislature, and when ap-
proved, to be submitted to the City
Council
Further that 500 may be expended for
the purposes of the commission.
SEWERS.
Orders for the construction of sewers
were passed as follows:
On the Eastern Promenade from Con-
gress to Moody street, and in Moody
street between the Eastern Promenade
and Morning street. EST mated expense
$500.
. On Cumberland street between Hanover
and Paris streets; estimated expense
$500
On Lincoln street between Wilmot and
Franklin; estimated expense 500.
CITY'S RIGHTS IN CAPE ELIZA
BETH CROSSING.
Several weeks ago City Solicitor Chap
man was requested to ascertain what
rights the city and the Boston and
Maine railroad company have. in the
right of way known as Cape Elizabeth
crossing, and under what authority the
tracks are laid across said way.
Mr. Chapman has examined the case
very carefully, and his report is long and
thorough. The way, extending'fr the
foot of Bracket street to Portland bridge
was originally the approach to the bridge
from Brackett street, and before the fill
ing of the flats was occupied i'll part by
the bridge. The proprietors of Portland
bridge were Incorporated in 1928, and the
bridge was built and used as toll bridge
until about 1852. when, by act of legisla-
ture, the bridge was acquired by the
County of Cumberland. By legislative
act in 1853 the county commissioners
were authorized to locate side passage
or branch, suitable for highway. lead
ing from the western side of the bridge,
and above low water mark, to Canal
street. to be maintained as part of the
bridge. In 1855 Portland bridge was
| lowered to land upon Canal street. In
! 1856 the committee on laying out new
streets reported the laying out of
Brackett street from it's present termina-
| ton near Canal street to Canal street,
| IT thus appears that the Cape Elizabeth
crossing was originally a part of the
bridge location that as early as 1856 the
city council assumed jurisdiction over a
part Of the way; that for many years, so
far as this way has been maintained at
all from Commercial street to the bridge,
| it has been maintained by the city that
| whatever the original location, the public
have acquired the right to public way
over this location.
| The better opinion appears to be that
| this is county way within the city
limits, and that the city has the