Waterbury evening Democrat., 1905-07-15
CITY WINS SUIT.
Supreme Court Upholds Waterbury
 in Oakville Ire stle Matter.

The supreme court has handed down decision in the appeal of the Con- necticut Railway and Lighting Co from the finding of Judge ROraback in the disputed case of the city and the trol- ley regarding the matter of expenses incident to the widening of the trestle at the Oakville bridge so that the trol- ley may go to WatertOwn without be- coming a menace to life and limb. This is an interesting case and goes a long way towards proving the truth of a remark made some time ago to the effect that the law was all right or trolley matters provided municipalities were not afraid to take advantage Os it.
 This question came up during the regime of Mayor Kilduff on petition of the trolley company for approval of its plans for the proposed Watertown line. The plans were approved on what was termed very reasonable conditions and the company was about to come to an understanding with the city fathers when, to the surprise of the officials, they backed out and announced that they had appealed to the railroad con- missioners The hearing was held in Hartford, City Attorney Kellogg, Mayor Kilduff and Commissioners Whiting and Mahaney stating the city's side of the question. Parties from WatertOwn were also present and said they wanted the trolley Ut they didn't think it should run under the Oakvile trestle unless some understanding should be made to have it widened as soon as possible. General Manager Sewell, Colonel Bur pee, Allan w. Paige and Architect Hill appeared for the company, but none of them said much. so that the city officials came home satisfied that they had won big victory. The next thing they heard was that the railroad com missiOners had given the company permission to go under the bridge with out any conditions whatever. When this became know the city took an ap- peal to the superior court, and the case was heard recently before Judge Rora- back, John O'Neill and MT Kellogg representing the city. At this stage of the proceedings the administration that put up the fight had gone out of office and new men were on deck. but few of whom had any faith that the city would win out, some of them re- marking on the eve of the battle that the city hadn't ghost of show. Judge Roraback found for the city and when those who "knew" it would go the other way heard this they brushed it aside by stating that the company would appeal to the supreme court and that that body would uphold the posi-. ton taken by the railroad commissions CTS. None of the officials who thought the city had no case has been seen since the final ruling came to hand, so that 1t would be hard to tell what they will have 10 say for themselves now. City Attorney Kellogg was notified to- day by Clerk Anketell that the SUI preme court found no error in the ruling of Judge ROraback. and that settles it. The company is not obliged 10 build the road now, but in case it should go 10 Watertown the whole ex- pense of widening the street, building new bridge and doing other things which will cost considerable money Wlll IldNt lD pA Aut idA- payers of Waterbury. This is the first time the city ever tried conclusions with the company in court and the re- suit shows what pretty mess off cials made of things from time to time when they contended and made the unwary believe that the trolley com pany cut such q swath all around it would he folly to go up against it with judges of the superior and supreme courts as referee. IL is a great victory for the former admins. tratiOn. big feather in John Kellogg $ cap and another laurel in John O'Nein's crown. It is C-onsOling in the sense that it means a large saving for the taxpayers and eNasperating when one stops to consider what the people have lost on account of not making some such move as this bong ago and giving the trolley and others tO under stand that the city still has rights which even a big corporation like the trolley company is bound tO respect.