The Portland daily press., 1900-10-13

for the rsmonstrants against the grant
ing Of the petition. He represented the
Interests OF the Boston & Maine railroad,
which owns the Eastern bridge. He said
that the proposition which was before the
engineer IN charge OF this district and
the secretary OF war was TO attempt to
make the Boston 8 Maine railroad en-
large its draw on the Eastern railroad
bridge which had been built By the rail-
road at large expense and on which Sl3,-
0O0 or more was expended a short time
ago in repairs. The petitioners would
this property thrown away IN order TO
get a larger draw built at the expense
Of the railroad. He said that he cOnsid-
ered this rather an unusual proposition
Under the Federal Constitution Con-
gress had assumed the right to control
the navigable waters Of the country and
its right to do this was not questioned
nor was the power OF the secretary OF
war to act in this matter involved. But
it seemed to Judge SymOnds that the
power should be exercised with due re-
gard Tor all existing rights. Whether IN
this instance the case justifies the de-
struction OF so much property to grant
the unreasonable demands made By the
feW petitions here represented was for the
secretary Of war to Determine. II public
necessity demanded the destruction Of
so much property 1t would OF course be
right to demand that the property be
destroyed, but IN this case the evidence
Introduced does not show that this de.
struction Of property is at all necessary
and In fact it would be unjust to order
its destruction. The great standard TO
be followed in such cases as these is
that Of reasonableness. Great public in
terests should be at stake and should
demand that this be done before 1t be
done and in this case there has been no
such demands made.
Judge Symonds then went on to say
that the consumers of coal are not pres
ent at this hearing to demand that these
draws be Widened. No owner OF the
lands adjoining the basin above the
Eastern railroad bridge is here to demand
that it beEdone, but the Boston & Maine
railroad which has interests here and
the only interests involved above this
bridge OF much extent are here to remon-
strate against this petition being grant
ed. Mr.. Means, the president Of the
Iron and Steel company which bought
the Portland Rolling Mills plant, is not
here, nor are any OF the representatives
OF the Ice company here to ala the petit
tioners. The Standard OIL company,
which also has a fright along the basin,
is not represented, nor are anV of the
abuttors along this basin presen5, not
even the representatives OF the Stroud
water section Of the city. The reason
for the absence OF these people is that
public interest does not demand5the en-
larging Of the draws OF these bridges and
the only demand for it comes from few
TOW boat captains who come into this
basin only with the ships which are or
dered here by the railroads whose proper
ty they attempt to destroy by this Pc
tition. VINO demands the presence or the
entrance OF larger boats than now enter
the draws Of these bridges? No one asks
that larger vessels pass through these
bridges. The railroad does all the busi-
ness that is done above the bridges and
they do not demand larger vessels to
come through them.
This is not question OF the free navi.
cation of the seas which is involved.
In this case it is only the interest of a
very small inland sheet of water What
right have these tow boat captains to
come and demand that our property be
sacrificed to save them a little time and
trouble? The bridge of the Boston q
Maine rests there under the security OF
the law and it is not to be destroyed un-
less public necessity demands it.
Judge Symonds went on to show that
the tow boats now receive Ss8 a hundred
tons for towing vessels through these
bridges. They receive Sl1 a hundred for
towing up to Portland bridge, 81 a hun
dred for towing a vessel through it and
81 for each Of the bridges above, and
in addition s. a hundred for docking a
ship in the Boston & Maine basin. They
are not so badly OF as they would have
US believe. One hundred tons register is
the basis on which they are paid and this
means 175 tons OF coal. Accidents are
occasioned often times in these bridges
by carelessness. They demanded some
time ago that the draw OF Portland
bridge be widened. Their prices for tow
ing through that bridge have not been
Iessened any by It's being rebuilt, and
vessels still meet with accidents there.
The general public was not greatly bene-
fitted By this change which was made at
the demand Of a few tow boat men. Judge
Symonds then speaking OF the testimony
OF towboat captains as to having a draw
wide enough through which to tow a