The Portland daily press., 1897-12-29
BETTER BEGIN OVER AGAIN.

better than those agreed to by the Port
land road, and the other was that the
order was identical, with the exception
of its terms, with that adopted by the
| Board at their meeting of December
How these misapprehension ms arose, or
who is to blame for them it is not neces-
! sary to consider now; the important fact
is their existence. Inquiry of several
| members of the Board of Aldermen con-
vinces us that the order would never
have been adopted had it been realized
that it was destitute of all provisions in
regard to paving, keeping in repair the
substructure and the other conditions
that were contained in the order of De-
cember Z, which the Board adopted as a
sort of ultimatum and 1t is open to ques-
ton if the money terms even would have
been accepted had the Board not been in
formed on the strength of statement al
legged to have beon made by q prominent
hnancier that they were better than those
offered by the Portland road. We know
that it is asserted by the Yarmouth road
people that the absence of the conditions
in regard to paving and repairs is of no
consequence, they alleging that those mat
tiers are fully covered by their charter. But
we learn that the City Solicitor does not
fully endorse this view, and an inspec-
ton of the ohalt ter will, we think, con-
vince any one that it will be well to have
the conditions a little more definitely
stated than they are stated there. The
language Of the charter on this subject is
as follows:
Said corporation shall keep and MAIN
tain in repair such portions Of the streets,
town and county roads or bridges as
shall be occupied by the tracks of its
road, and shall make all other changes
and repairs of said streets, or roads, or
the occupation of the same by said rail-
road, and il not changed and repaired
upon reasonable notice, such changes and
repairs may be made by said town within
their respective limits, at the expense Of
said corporation. But the public officers
OF the city of Portland may make such
terms in relation to the amount of ex-
penses of change, maintenance and re-
pairing of Tukey's bridge as shall seem
fair and proper in their Judgment, pro.
vided, however. that In no case shall said
city of Portland bear, assume or share
any expenditure which is caused or main
tanned by the location, construction or
operation of said road.
This may be broad enough to cover pa
wing inside the rails and eighteen inches
outside. and the keeping of the substitute
ture in repair, and then 1t may not be.
ion on this point, which in the future
may lead to an expensive law suit.
Hence it is exceedingly desirable that the
conditions as to paving and repairs be
stated in the contract SO definitely that
there can be no room for doubt as to the
obligations imposed upon this road.
1t will be seen also that this charter
imposes limits en- the city as we'll as on
the railroad company. The city is au-
thorized to make such terms in relation
to the amount of expenses of changing
maintenance and repairing of Turkey
bridge, as shall seem fair and proper,
with this important proviso. "that in
no case shall said city OF Portland bear,
assume or share any expenditure which
is caused or maintained by the location,
construction or operation of saii road
Helping this road because it is poor, or
for any other reason, would seem to be
distinctly forbidden by this charter which
the road accepted, and is bound to live
up to- How, then, can it with
out violating its agreement, ask the city
to relieve it from one dollar of the ex-
pense incurred on its account, and how
can the city do so without acting in de-
fance of the prohibition of the legislature?
In view Of all the misunderstanding In
this case in regard to money terms and the
other conditions of crossing the bridge,
in view Of the fact that though the road
is practically forbidden in its charter to
ask any consideration of the city on &C.
count of poverty or any other reason,
it has been asking I it-in short, in
view of the badly muddled condition in
which the whole matter has fallen, it would
seem clear that the proper thing for the
Board of Aldermen to do would be to
rescind the order applying to the
Portland company and that applying to
the Yarmouth company, and commence
over again. Let the city solicitor be
called in and the attorneys for both the
and after full hearing, let
an order be drawn applicable to both
roads which shall place upon the railroad
companies all the expense the city has
been to on their account, and shall fix
all the conditions in regard to paving and
repairs so definitely that there can never
be any dispute about them. These roads
have fully understood from the start that
they were under obligation to return to
the city every dollar it expended for their
benefit. The Yarmouth road specifically
agreed to do this when it accepted Its
charter; and it has not leg to stand on
when it comes and on a plea of poverty,
asks to be let off for less.