The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-08-26
HARRoR COMMISSIONERS:
Meeting TO Give Hearing On Cape Electrics
New Bridge.

On the 18th of August the Portland g.
Cane Elizabeth Railroad company, by
Clarence Hale, its attorney, petitioned
| the harhor commissioners for permission
| to build a bridge of sufficient width
| for it's railway tracks on the easterly
side of the Portland fridge, and attached
to the same extending from the draw
to the Cape Elizabeth end. all in Port
land harbor, and on this petition hear
ing was ordered at the office of Mr.. Cyrus
Farley, one of the harbor commissioners,
to take place yesterday afternoon at 4
O'Clock,
At the specified hour yesterday the
commissioners, Mr.. Allen, chairman OF
the board of county commissioners, Mr..
Hal g, attorney for the Cape road; Messrs.
Bolles and Mcleod of the road. and one
or two other interested parties met at
Mr.. Farley's office.
Mr.. Hale read from the charter of the
road this part of section 3:
Section 2-Said corporation may erect
and construct in such manner as shall be
approved by said county commission ers
easterly side and adjoining said Port.
land bridge with an open draw therein
for the passage of vessels, OF the same
width of the draw of said Portland
bridge. etc.
At this point. Mr.. Farley said that
owing to the illness of MIR. Fernald. COM
missioner of public works. he would have
to suggest an adjournment of the hearing
to 10 O'Clock Friday morning.
| Mr. Hale couldn't see why the he airing
couldn't go on just the same. The re-
quisite permission had been granted to
the road to build the bridge by the coun-
ty commissioners who have the authority
in such matters. In fact the section OF
the charter expressly stipulated that the
authority lay with that board.
Mr.. Fox, one of the harbor commission
ers, called attention to section 16 of the
charter that reads as follows:
| Section 16-Said railway corporation
shall have all the rights and be subject
to all the liabilities of street railways
under the laws of this state except so
| far as this act is inconsistent herewith
or makes provisions in regard to any
special subject power or matter.
MIR. Fox thought this clause took pre-
cedence over section 8, since nothing IN
consistent with former acts of the legisla.
ture was permitted by it, and the harbor
commissioners had always possessed
authority of harbor waters.
gssMr. Kelsey, another of the harbor com
missioners said that if the road felt sure
of their rights in the matter he didn't
see their object in applying to the harbor
commissioners.
| After a little more good natured, but
rather sharp questions and answers,
the adjournment was made to 10
O'Clock this morning at Mr.. Farley s
store.
| 1t is said that there are two points
that engage the attention of the harbor
commissioners One, that the United
States has rights over tide waters and
that if corporation owns bridge over
tide water it might interfere with the
governments rights. The other point is
that at future day, not far distant, it
may be necessary to build a much larger
bridge on the part of the county to ac-
| commodate the growth of Knightville
and the Cape, and If q corporation like
the electric road owns a bridge adjoin-
ing it might interfere seriously with the
county bridge. To this latter argument
the road says all that would have to be
done would be to build an elevated
bridge, and the railroad tracks could be
pushed further to the side. The railway
company would never stand in the way
of public convenience and necessity.