The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-01-23
JUDGE HALL'S REPLY.
Suggestions Which May Quiet the Com
nlnInants.

torney communicate with the officials
of the Consolidated road in reference to
the smoke and gas from the round
houses of the company at Lamberton
and Cedar streets. In reply to this
communication Judge Hall writes:
New Haven, Conn, Jan. q, 1896.
Charles B. Matthewman, Esq, City At
torney, New Haven, Conn;
Dear sir: Your favor of the 18th inst.
duly received and in reply with say
that:
We think that an Investigation Of the
complaint of the board Of health would
satisfy you, or any tribunal that inves-
tigates the matter, that the issuance
Of such smoke and gasses from the
round houses complained of is only the
necessary consequence of the lawful oc-
cupation of the land which the state
has allowed this company to devote to
railroad purposes 1T must be conced-
ed, l think, that this company, in the
operation of it's railroad through the
city, is entitled to maintain somewhere
within it's location round houses for the
necessary operation of it's railroad
These round houses were located where
they are for the reason that they were
supposed to be in the least objection
able place that they could be located
The company owns considerable private
property Immediately around the loca-
ton of the round houses and has never
had any complaints from it's tenants
in regard to annoyance from smoke or
onv
however, there may be more or less an
noyance to people from the location
and use OF these engine houses at the
point where they are located, but is it
not one Of those necessary evils which
are incident to the operation of any
railroad?
Several weeks ago, when the board
OF health called our attention to this
matter, I issued positive orders to the
motive power department to do every
thing in their power to make the smoke
from those houses as slight as possible
and such orders were issued and are
posted in those houses. AS you are
aware there are very many chimneys in
the city where soft coal is burned
and from which SCOT is dispensed over
wide areas. 1t must be so in any large
manufacturing city and is not noticed
in such places as Pittsburg, Cincinnati
and Cleveland. We are doing everything
in our power to make this annoyance
as slight as possible for the people in
the vicinity of the round houses We
certainly do not wish to enter upon any
litigation with the city or its officers
over this matter, and we do not believe
that, il this complaint is thoroughly in
vestigated by you and Its merits under
stood, you will advise that any action
be taken upon the facts as they exist.
If the policy Of the city is to hamper
the operation Of our road here SO that
1t is impossible for us to maintain New
Haven as the central point between
New York and Boston, where the larg-
est amount of our business can be done
conveniently, then the logical result
must be to remove from New Haven
everything not strictly required for the
physical operation of our railroad
through New Haven. In the rearrange-
ment of our freight yards we had con
templated certain shops for repairs and
construction, but you must see at once
that the same complaint would arise
from the use of those shops that is now
made regarding the engine-houses and
we should certainly not take the risk of
erecting new shops or increasing our
plant here. if the city considers such
proposed extensions of our plant here
undesirable for the best interests of the
city. The erection of the engine-houses
as / said before, are necessary and
Indispensable part of the proposed re-
arrangement of our freight yards and
buildings necessary for the operation
of our plant here.
There are points further east where
this plant will be welcome and where
abundant facilities will be furnished
for a new location If the operations Of
this company here on it's own land are
considered nuisance.
1t seems to me, therefore, that in so
far-reaching a matter as this, touching
as 1t does the vital interests of both
the city and the railroad company, care
should be exercised before proceedings
are commenced WHICH may lead to most
unexpected and undesirable results for
both parties
/ beg you will excuse me for tres
passing upon your time so long in this
matter, but / assure you that this COM
pany Is anxious to remain upon the
most friendly footing with the city and
all of it's officials and to do whatever
Hes in it's power to advance the best in
terests Of the city, recognizing that
whatever contributes to the prosperity
and growth of the city also benefits
equally the railroad company. We are
placed in a position, however, in this
matter where I'VE seem to be helpless
to remedy something that some people
call nuisance, but which we consider
only the necessary exercise of the right
to maintain and operate a railroad. +
shall be glad to furnish you with any
facilities that you desire for the pur-
pose of investigating this complaint,
which i feel has been greatly exag-
gerated, and, further, should appre-
eiate any suggestions that you might
be willing to make as to what further
We can do towards assisting in the
abatement of this cause of complaint,
if, upon investigation, you shall find
that any legal ground exists for such
complaint. OF course we must all rec
ognize that many manufacturing con-
Germs scattered throughout the city, on
account Of the smoke, dust and noise
they make, ars unpleasant to those who
live near them, but they are recognized
Thy the public at large as things tolerat-
ed because necessary for the general