Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-01-06
GARDINER AND RANDOLPH BRIDGE.
Hearing to Determine Whether PittsoH Is Liable
for ra;t Of Rebuilding Expense.

A legal proceeding of more than Or
binary interest around which centers
the attention of a great many of the
citizens of Gardiner, Pittston and Ran
dolph, is the referee case to be heard
some time in the near future before
Judge Wiswell. for the pupose of de-
Gliding whether or not the town of
Pittston is holden for her proportionate
part of the expense in rebuilding the
Gardiner, and Randolph bridge. which
was carried away in the flood of
March. 1896. The case is between the
city CT Gardiner and the town of Pitts
ton. the town of Randolph having moth
ing to do with it. Hon. A. NJ. Spear is
the counsel for Gardiner. while Pittstor
is represented by Hon. o. d. Baker.
The case was brought about by the
town of Pittston refusing through ITS
Selectmen, to recognize its liability for
any part of sthe expense of rebuilding
the bridge after it was destroyed by the
food. Mr.. Baker was engaged by
them as counsel in case the matter re-
suited in a suit, and Hon. o. L. Clason.
at that time mayor of Gardiner and
representing the cty's interest, mads
a verbal agreement with Mr.. Baker te
leave the matter to Judge A. p. Wis
well as referee. BY the advise of the
board of aldermen. the matter wa:
place | in the hands of Mr.. Spear. with
instructions to arrange with Mr.. Baker
for an early hearing of the case. but
as Mr. Baker was the greater part oi
his time in Boston, no satisfactory ar
engagements were made.
Finally. to bring matters to focus
an order was passed directing that IT
case no agreement was reached before
the first of August suit should bs
brought in the October term of the su
perior court. AS a result MeSSrs
Spear and Baker arranged a hearing
which should be decided before Marcel
1st. 1899.
The town of Randolph. through the
good Judgement of its officers. tool
measures to avoid being drawn int,
any Of the unpleasant complications
which sometimes result from law
suit at once signified its Willingness
to pay its proportionate part of the ex
pense and paid $1513 the amount du,
from the town for building the stee
bridge and has since paid the balance
so the good people of the town can Sit
calmly by and see her neighbors fight II
out.
The stand taken by Pittston in the
matter is based on two standpoints
First on the ground that under the act
of division the town could not be
holden. because they claim that the act
was unconstitutional. Secondly be-
cause they claim that the piers of the
l., :l.r. l-a in, Nrnf
dtion. as regards repair. and that II
they had been the bridge would noi
have been carried away.
The law in regard to the maintenance
of the bridge reads that the running
expenses of the structure shall be borne
by the city of Gardiner and the town
of Randolph, according to their valu-
alton, but in case of a partial or total
destruction of the bridge. the expense
of repairing or rebuilding the same.
shall be borne by the city of Caroline,
and the town of Pittston, as though
no division had been made.
Naturally the matter is the subject
of great deal'of discussion. especially
in Pittston. as it is a question of about
/ $3100 nd interest to her. and certainly
she will not pay that amount of money
unless there is no other alternative.
1t is expected that considerable stress
will be laid upon the condition of the
bridge piers at the time that the super
structure was carried away by the
flood, and some of the people of Pitts
ton are strong in the belief that If the
piers had been all right the bridge
would have withstood the rush of ice.
water and logs that caused its destruc-
ton.
There are those. too. who question
the economy OF building the steel
structure. and think that the wooden
bridge might have been saved by tow
ing it up the river and replacing it on
the piers again. instead of allowing 1t
to be torn to pieces and carried away.
In their opinion the latter method
would have proved of less expense than
the steel bridge. The matter was fully
discussed al the time of the destruction
of the bridge. and a party of compe.
tent citizens went as far as to take
steamer to Dresden as soon as the river
was navigable after the flood. and make
a careful examination of the wreck.
They founl the iron work so twisted
and the timbers SO much damaged as
to be utterly useless.
1t is not known definitely when the
case will be heard. but from the inter-
est manifested there will be large
crowd from the three places to hear
it. 1t is expected that the hearing will
be held at Augusta.