The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-08-18

A10Wf oaA1 NAED n NNA1o%ANH . AAan Wt40
owns real estate in Portland and builds
on It without obtaining a permit first BY
reason Of his unpopularity or other cause.
Is absolutely helpless. He has no appeal
from the decision OF the board OF mayor
and aldermen and 10 at their mercy. It
can't be that II is the spirit OF this ordi-
nance to take away from a man his con-
stitutional right TO be heard In his own
behalf or TO do with his property as he
sees fit within certain limitations Such
an ordinance as this which gives absolute
power without the right Of appeal should
not be enforced arbitrarily. 1t ought TO
be n3ted on most conservatively. It
should make no difference how unpopu-
lar one man may be or how popular
another man may be- That matter
should not enter into the consideration
Of such question as this. The matter
now In dispute ia not between Col.
Printable snd Mr.. Colesworthy. II Mr..
Coiesworthy's building has injured Col.
Prindable's property and he has grieF-
ance it can be settled In some other place
than before this tribunal and mis- wrongs
SNhtooC1s o00hO INAUDbf Wtnt Ou~ 10
say that he believed that the permit
granted Mr.. ooieswurthy % erect a house
was so vague and general in its form that
1t covered the entire business, house, ell
and sheds. When this permit was grant.
ed MIR. Colesworthy believed he had all of
the necessary permission to build the eli.
The building inspector visited the build
ing several times and made no objection
to the erection of the ell and when he
found out that the permit he had Oh
tained for Mr.. Colesworthy was not sufiic-
lent to cover the entire structure he was
a. much surprised as was Mr.. Coles.
worthy. Judge Peabody intimatei in the
course Of his remarks that he had grave
doubts as to the legality of the action
which had been taken and that he was
not sure but what the permit granted TO
Mr.. Coiesworthy would stand before any
court as covering the entire structure.
Mr. Colesworthy was then called as a
witness and proceeded to testify to the
main facts as given above. MIR. Libby
oross-exsmine1 him at some length dur
ing the course of which Mr.. C,lssworthy
said that he usually applied for permits
to erect houses. He had built fifteen
houses and quite a mum Der of blocks and
other structures In Portland and for ell
but one or two of them he had asked for
permits from the board of aldermen. Mr.
Lyman Hanson had inspected the build
ing on Grove street at his request and
though he didn't say In SO many words
that the ell was unssfe he had advised it's
being strengthened by the use of iron
knees to support the posts beneath the
ell. Mr.. Colesworthy said that ne was
his own architects and had made his own
plans for this 5nilding. The original
plans included the ell as well as the main
house.
Alderman Smith asked Mr.. Colesworthy
when NE had taken out his permit. In
reply the witness said that he had not
taken 1t out until recently, but he had
seen by the papers that Ii had been grant
ed. Alderman Smith told Mr.. Coles
worthy that II he had gone to tho city
clerks office and got his permit the fact
that permission to build the ell had not
been granted would have been discovered
and saved a lot of trouble. Mr. Coles
worthy said that he now realized this
fact.
"Why didn't you take it outq Was 1t
because 1t cost twenty-five cents to do
so?" asked Alderman Smith.
81 would rather not answer that cues.
tion." said Mr. Colesworthy and he
didn't
Alderman Lamson in his usual pene-
trating manner cross-examined the wit
ness to some length and ELECTED little in
which had OF been testified to
before.
William S. Denny, who fixed the rates
for the insurance companies on this kind
of risk, ssid that he did not regard Mr..
Coleswortby's house as at all dan serous
from fire and that it contributed little or
nothing Co the danger from fire to tn .
houses about 1t.
Mr.. Lyman Hanson, who has been
Car penter and builder for IS years and
has been insurance inspector in Portland
for twelve years. said that the risk from
fire in MIR. Colesworhy's house was
small. He described the construction of
the ell in detail and said he would not
advise anyone to occupy it as Ii now is
and that he did not regard 1t as safe.
The hearing was at this point ad-
journed until this afternoon.
OTHER BUSINESS.
The special committee appointed to in
quirs into the Availability of granting a
location to the Portland and Yarmouth
road for turn out on Washington street
reported that the committee had found 1t
inadvisable to recommend turnout bel
tween Linden and Adams streets but
would recon- mend that a turnout $50 feet
long be given the road between Marion
and Walnut streets. A hearing on this
matter was ordered for four O'Clock this
afternoon.
: Permission was granted the New Eng
land Telephone and Telegraph company
to build condu4ts on Washington street
between Cumberland and Congress
streets. Permission was granted +.
SWEET to build q dwelling on Ocean street
F,aar Draanvnrsoa%