The Portland daily press., 1900-10-13

their road delivered and as long as they
were now doing all the shipping business
that Is done above the two bridges to any
extent, 1t was clearly unjust to compel
them to destroy their property. There Is
no hurry about this work II 1t be re-
quired at all. L the time ever comes
when there Is a public demand for 1t, the
railroad viii satisfy the demand. There
has been little lor DO complaint except
from a few individuals.
THE CITY'S CASE.
City Solicitor Charles A. Srout then
spoke for the interest OF Portland which
owns Vaughan's bridge. He said thst
iDasmuoh as every argument which had
been made by the counsel for the Bos-
ton ( & Maine would apply 70 the
Vaughan bridge as well, he would save
time By not repeating the able argu-
ments Of Judge SymOnds. The city OF
Portland spDears here to oppose the
granting OF this petition for two reasons:
First, because it does not deem that
public necessity requires these draws
to be enlarged and claims that the pres
ent draw OF Vaughan's bridge is not an
impediment to navigation.
Secondly, the city Of Portland appears
here IN opposition to the granting OF this
petition because or the Il naneial burden
1t would impose on the ci5y II the wider
draw should be ordered when at this
time the city can Ill afford to sustain 1t.
This pstition is made by few men
who have been unable to show any reason
themselves Ior the enlargement OF this
draw. 1t Is purely a matter Ct
equity. The city of Portland
has the right to maintain
this bridge across tide waters and while
it may have been the general policy OF
the government to demand the cOnEtruc-
tion OF seventy foot draws in most cases
1t certainly cannot be the policy Of the
government to demand this in all cases.
Here Is a bridge which does not stand at
the entrance to a harbor. Such bridG
would require seventy foot draw, but
to say that bridge which is shut OF
from a greater part OF the traffic requirts
such an opening is absurd.
The Boston and Maine which has about
the only interests above these bridges
which are involved objects to the graz t.
Ing Of the petition and the president q
ie iron and steel company which Is. 81 .
cessor to the Portland Rolling mills, says
that after due consideration he dOesn t
believe that any such necessity as a sever
ty foot draw exists. On the whole it
seems absurd that such demands should
be made.
The other objection of the city arises
from the fact that in order to widen the
draw of this bridge it VIII be necessary
to raise the grade by nine feet and build
a new bridge. This will cost from $3.50. OO0
I'd $500 GOO. This Is six or seven thousand
dollars a year absolutely thrown away If
the city of Portland Is compelled to build
this bridge now. This expense would be
the result of the grievance OF these tow
boat captains and more particularly to
satisfy the demands of the captain OF one
tug. Ultimately the bridge will ta75 to
be rebuilt anyway and then, in due time,
a draw OF the necessary wi tn viii be
constructed. The city of 7 Crtland is at
the present time carrying -arge debt
and has reached and exec :. the debt
limit. 1t is impossible to raise any more
money this year to build such a bridge
even il it were ordered. The money can
not be taken from the trust funds held by
the city.
Mr.. Libby interrupted Mr.. Strout at
this time and said; Certainly they can
be so used
Mr.. Strout-''There are many reasons
which would make this an impossibiity,
the chief of which is that it would be ine-
gal"
Mr.. Libby-''There are different opin-
tions regarding this question"
Mr.. Str0ut-''It is claimed that these
trust funds are a part OF the sinking fund
OF the city,
Mr.. Libby-"These funds have been
used in years past
Mr. George p. WescOtt-"Not since the
passage Of Mr.. Baxter's ordinance
Mr.. Libby-"The ordinance is no i'm
pediment."
Mr.. Strout, continuing his argument
ST am not stating this question as one
which is settled legally, but if an attempt
is made to use tbs trust funds to build
this bridge legal proceedings to prevent
it would at once be Instituted. There is
no need OF my mentioning whence this
action might come. The fact remains
that the Harrington trust funds could not
be used for this purpose this year and the
only other method OF raising money to
build this bridge would be to raise it
through the regular means of taxation in
the annual appropriation bill. At any
rate the bridge could not possibly be con-
structed before September 1st, 1901 even
If it were ordered.
Mr. Libby-"It could be built before
September 1st, 1902
Mr.. StrOut-''But in the meantime the
city must find money with which 20 build
it."
Mr.. Libby-'I believe that the oity-s