The Portland daily press., 1900-10-13

bridges OF other things which may i'm
psde navigation.
''Is this question whether the vested
rights of a big corporation may with i'm
punity obstruct navigable waters? Is Il
question here involved whether the Bos-
ton and Maine r. X which exists not
by a charter from the general government
but from the State of Maine, has the
power to obstruct navigable watsrss 1t
Is the duty of the secretary to remove OBJ
structions to navigation. Does 1t matter
what the men who dig CLANS along the
flats OF these basins want or what the
man who owns the land along this basin
want9 That!s not the question here. 1t
is as to whether or not the free naviga-
tion OF these waters Is prevented and that
we have shown you to be the case by our
evidence.
When anything arises which touches the
revenues OF this corporation every effort
is exhausted to protect them. Was there
any effort made by this corporation to
prevent the enlargement of the draw in
Tukey's bridge when that was ordered by
the secretary OF war some years ago and
which cost the city OF Portland thousands
Of dollars No that did not concern them.
They had no interests at stake there.
Why Is it that they haven't put into this
case evidence which would show the
cost of enIarging this draw in the Eastern
bridge. They have lert this point in dark
ness because the cost is SO small that they
do not wish it to appear IN evidence. In
ordsr to help their case the counsel for
the Boston and Maine has attempted to
depreciate the value of wharf property in
this port. The general government
thought that Tukey bridge required a
seventy foot span and that bridge stands
at the entrance to an insignificant sheet
Of water compared to the Fore river.
Mr.. Libby then went on to argue that
the increasing comm erclal interests de-
manded the construction of larger ships
and these in turn demanded the construc-
tion of larger draws in bridges. These
conditions arise from a demand for
larger ships and the Boston and Maine
cannot by standing in the way prevent
their being built. They now attempt to
beIittIe the evidence put into this case
by the petitioners and say that they are
the demands of a few toWboat men They
also claim that the Importance Of the har-
Dor does not warrant the building OF
thess draws. Mr.. Libby said that for one
be rejoiced in saying that he considered
this harbor a most important one and one
which will continue to grow in import
ance. It is going forward, not backward,
as the Boston and Maine have US believe
Mr.. Libby then reviewed the character OF
the evidence introduced in the case and
said that 1t came unsolicited and from
men who have the greatest interests in
volved in this question. He said that there
was no necessity for the government car
Ing for the Boston and Maine interests.
That road looks after its own interests
pretty we'll. 1t is the public interests
which the general government is required
to protect and will protect. How puny
as besides these growing demands for bet
ter facilities for shipping is the question
as to what 1t VIII cost the Boston and
Maine to build new draw. The interests
which demand this can be waited out
OF sight with a sneer nor beIittled by ar
gument.
my brother said that no one about this
basin Is asking for this enlargement OF
the draws9 WhyS because the Boston
and Maine and the Maine Central rail-
road control the situation. They have or
dered it and what they order must be
obeyed. Who knows the most about these
cases OF demurrage? The men who cause
the necessity for it's payment or the men
who pay the billsP Speaking Of Col
Hams report in which he said that the
enlargement Of the draws was not neces-
sarY nine years ago, but would be rem
dered necessary some time, Mr.. Libby
said; ''If we waited fifty years the Bos-
ton and Maine would not consider ii
He then said that he knew
Mr.. Means Of the iron and steel company.
to the Portland Rolling Mills.
He is an est1mabls man and he lives in
He has close relations with
the Boston and Maine. Their tracks run
by the side OF his rolling mills and the
success of his plans there depend In a
large measure on the gool VIII of the
railroad. Mr.. Libby then went on to read
a letter from Mr.. Means written to the
major Of engineers October In which he
said that public necessity demanded the
draws OF both bridges to be widened. On
October 18th he wrote another letter In
which he said he had been mistaken ana
that public necessity did not demand the
of the Eastern railroad
bridge. Reading between the lines Mr.
Libby said that here was the influence OF
the Boston and Maine made manifest
Pressure was undoubtedly brou ght to
bear upon Mr.. Means to get him to
change lis views. The Boston and Maine
exercises large influence, IegitimateIy In
some cases 1Ilegitimately in others,
Mr.. Libby here referred to Mr.. Strout's
argument for the city and said it was
largely an individual 0nIniop boooveo ~