The daily morning journal and courier., 1904-03-10
IN AND ABOUT THE COURTS
COURT ORDERS LIFT BRIDGE
 FOR KIMBERLY ATENCE

Long Diseusssd Question settled County comnslssions-s censnred for
 Action ia stump Llesnss eAss-~iIi
 of Herbert MasoH o Tered for Probate
 Judge Thayer of the superior court
 yesterday morning handed down de-
 cision in the case of the city of New
 Haven against the town of Orange.
 which concerns the building of bridge
 across the West river at Kimberly ave nue. in which he orders that lift bridge shall be constructed there. This is the kind of bridge that the town of Orange voted for and therefore New Haven loses its case, as the board of
 aldermen have voted for a fixed bridge.
 The cour. also says that if the two . towns cannot agree on putting up the bridge he will appoint a person to go ahead with the work.
 It is not believed that there will be
 an appeal srom that decision. The
 mayor will probably call special meet
 ing of the aldermen to take action on
 the decision and it is probable they will
 recede from their previous vote and CO.,
 incide with Orange for a lift bridge.
 The court gives the two towns until
 March 25 to agree upon the construc- tion of a lift brdge to be erected within
 one year.
 In his memorandum of decision Judge
 Thayer said in part:
 fa h a
 question raised but not pressed by the plaintiffs counsel as to the constitution ality of section IS of the act of congress, March 3, 1899. If the orders of the hon. orable secretary of war, acting under that act treating the present bridge as nuisance and an obstruction to navi- gation are void because unconstitutional it is still true that the congress may at any time hereafter order the removal
 Of the present. bridge, and also Of any fixed bridge which shall obstruct the navigation of West river if it be navig- able.
 Tine only question really at issue be- tween the two parties is whether the
 next bridge which it is conceded must be built shall be a fixed bridge or a movable draw or a lift bridge. A fixed bridge. it is conceded, must be at least fifteen feet in the clear above mean high water in the river, which will place the traversed surface Of the bridge at leave twenty-one feet above it. thus creating a considerable grade in the highway and involving great expense for grading and land damages. Such bridge would cause inconvenience to the public. I find. therefore. that public convenience and necessity require the construction of draw or lift in place of the one to be removed under the order of the hon. orable secretary of war.
 Unless therefore the city of New Haven and the town of Orange, parties to this proceeding, shall on or before the 25th day of the present month of March, 1904, agree and undertake to construct within one year from this date I a lift bridge in said Kimberly avenue across West river. or main branch of said West river, with a draw or open ling having. clear width of at least 45
 feet, at any stage of the water, meas tured perpendicularly to the current and
 notice of such, a greenent and undertak- ling shall be filed with the clerk of this icourt on or before said day this court will appoint a suitable person to con- strlct such bridge at the expense of
 said towns. pursuant to the provisions iof the statute under which this proceed l ing is brought.