The Providence news. (Providence [R.I.]) 1891-1906, 1902-12-16
LAND DISPUTE
IS SETTLED
Consolidated Railroad Admits
ths Ciy's Contention Is Right.
WILL Be RELEASED At ONCE.
Road VIII Give Up Land Not Actually
Needed and Pay Tares on the Remainder,
but Acquire Not Title.
WILL Be RELEASED At ONCE.

The dispute as to the right OF posses
sion OF certain lands seized. sauatted
upon and held by the Consolidated Rail
road company. which the city Of Provi-
dence claimed title to has been settled
The railroad management comedies that
the city's contention is well founded and
such land as the corporation has not ac-
once The other land Is TO be used
by the corporation; but II will pay an
annual tax upon the same and will not ac-
quire title 10 II, no matter how long
the occupancy may be.
The city will thus regain possession of
company so boldly seized one Sunday
morning IL will abandon that portion OF
South Main street south OF India, there
by receiving a substantial annual tax
and II will abandon portion of North
up avenue. thus securing the closing OF a
dangerous grade crossing.
An agreement on these lines was
brought about by the joint special COM
mittee on railroad legislation. which was
appointed for the first time on March
3 1900. and later continued in order that
IT might complete the work. This COM
mittee consists OF John f. Kendrick.
chairman: j. William Moore. Timothy F.
Dwyer, Walter r. Vincent. Dennis r.
Mccarthy and James F. Freeman.
The committee In its report OF the
agreement . touched on the legislation
creatin IL and that the questions at issue
between the city and railroad company
are:
"First-Of the occupation and use by
the railroad company OF South Main
street. Brook street, Traverse street and
Benefit street. plated from india
street to the harbor line;
"Second-The right TO use Aliens ave-
nue. for railroad purposes: and
"Third-The right 10 use and maintain
rails in Harris avenue west of Acorn
street"
Continuing. the report showed what had
been done TO prove the railroad tres
passer on Aliens avenue. Attention was
called to the litigation that has been
pending I'm, the supreme court for num-
ber OF years by abutting owners against
the railroad company. and also by the
railroad company against the city. cover
ing substantially this same matter In
these cases IL was claimed by the abut-
ting owners that the railroad company
had taken private land for railroad pur-
poses, and the railroad company set up
the claim that the land taken tAllen' S
avenue) was a public highway
The report went on to discuss the his
tory of the controversy and the means
taken TO get settlement OF the case
through the courts. and told or Attorney
Buckland's visit TO the committee and
the submitting by him In behalf Of the
railroad company OF a proposal for a
settlement OF the whole question
In his proposal Mr.. Buckland bound
the railroad TO pay taxes on all the high
way lands occupied by the railroad be-
tween India street and the harbor. to
convey all interest in Aliens avenue to
the city upon the granting To the railroad
by the city council of right 10 lay rails
on Aliens avenue and Henderson street,
and agreeing To remove the encroachment
on Harris avenue.
After careful consideration the commit
tee decided To accept the proposition Of
the company and recommend II to the
city council. The committee also recon-
mended that the railroad be permitted
to occupy a strip of land 20 feet wide on
the easterly side Of Aliens avenue. re-
ceiving the right TO order the rails up at
any time