Waterbury Democrat., 1902-07-26
THERE WILL BE A BIG FIGHT.

i THERE WILL BE A BIG FIGHT.
 Between the City and Trolley Co Over OakvilIe Trolley
 The railroad commissioners have ren- dered a decision in the Oakyille trolley
 matter, which is likely to result in the bitterest fight that ever took place be-
 tween the city and the trolley com
 pany, for the city can hardly afford to
 submit to the order of the railroad
 commissioners without trying what higher court thinks of it. The decis-
 lon is not much of surprise to those who attended the hearing at Hartford and heard the remarks of the commis- sioners, who, although every person present from Waterbury and Watertown took the city's side of the case appeared to forget all about this and talked at the close as if all the evidence offered was in favor of permitting the road to be built with out any conditions. 1t is decision
 which should go a good way towards opening the eyes of people who are re- sponsible for the management of local
 anairs, by men who have no interest
 in the community and are wholly out of sympathy with the common people. Alter reviewing the situation the re- port says:
 Presumably the abutments and embankments referred to were placed III their present position within the
 limits of the highway by the authofity
 or permission of the selectmen of the town of Waterbury, in the original con- struction of the Watertown Branch
 railroad. In our opinion they can
 only be removed by an act of the gen. eral assembly applicable to this par ticular case, or through the action of the courts. The railroad commits sioners have no power to widen and enlarge the openings of undergrade crossings, however desirable 1t may be in the interest of public convenience that 1t should be done, and nave no power to apportion the expense of such widening or removal between the par ties benefited thereby. The powers of the railroad commissioners over grade | crossings conferred by chapter 22O of the general statutes and the amend ment of 1901 thereto are ample: not so, however, as to undergrade crcss- ings. Having, therefore, no power to order the changes desired in the condi- ton existing at the undergrade cross- ings in question and to apportion the
 costs thereof, our only alternative js either to decline to approve the loca- ton proposed between the abutments
 as now existing, which might be con- sidered public hardship by those de- string the construction of the road. or
 to approve the location proposed under said bridge and to recommend to said street railway company the adoption or such measures and regulations as we deem conducive to the public safe- ty or interest in accordance with the provisions of chapter 156. section g, of the Public Acts of 1901. We there- fore deem it to be equitable that the location of the tracks of the said Con- necticut Railway and Lighting Go from the present terminus of it's track in Oakville in said city of Waterbury to the Watertown and Waterbury line, with reference to the center line of the highway, shall be as shown on a certain blue print or plan on file In our office. We also deem it equit- able that the grade of said track on said highway between the points afore- said shall be as designated by the se- lectmen of said town"
 City Attorney Kellogg said today that he felt pretty safe in stating that the city will carry the matter into the courts. There are twenty days in which to file notice of an appeal so that with these and the time it will occupy in the courts, it is not likely that anything will be done towards laying the rails this year. One thing in connection with the decision that surprises the public is why the trolley company didn't let the railroad com yrt}cs f1rrr s4 gArsx
 stead of fooling with the city govern- inent. The commissioners did better for the company than it could reason ably have expected The company was willing to go farther than the commits sfoners' order. so that really the decis- ion is great victory for the trolley people There Is not man in Water bury or Watertown. not even the troll ley people themselves. who is willing to 20 on record with the statement that the conditions at the Oakville bridge are right for trolley service. But the railroad commissioners have decided against the whole of us and pending action on their view of the case by higher body the city must admit that the petitioners are a Ian ahead Just what way things will look after half years wrangle in the courts is something no one can tell ad this staga of the proceedings.
 Mayor Kilduff said he didn't care t0 discuss the case. He admitted. how ever that an appeal would be taken, and that the city would fight the case to finish. He remarked, jocosely, that the taxpayers ought to feel grate- full that the cost of constructing the trolley road was not imposed upon them.