Waterbury evening Democrat., 1905-01-11
0AKvIllE BRIDGE TIGHT.
Jsdjs Resabaex Not h Faves sf Lay.
 i.t Tracks Under 9sidts.

The appeal of the city from the de- cisiOn of the board of railroad commis sioners in the matter of permitting the Connecticut Railway and Fighting Go to lay tracks under the Oakville bridge without widening that thoroughfare. was resumed before Judge Roraback In the superior court this morning.
 For some time the trolley company has been very anxious, at least appar- entity so, to run their tracks to Water- town under the Oakville bridge, but the city has been equally anxious that the thoroughfare under the bridge should be widened without expense tc the taxpayers. Several offers were made to overcome the difficulty and it was thought at one time that the, con tcntion would be amicahly settled out of court.
 It was this expectation that delayed the hearing until now. At length the trolley company. finding they could not do business with the city, took the matter to the board of railroad com- missioners and that body gave the re- quired permission. It was from that action the city appealed. The city
  yaded it's rights in the contention.
 The evidence in the hearing was mostly relating to the alleged necessity Of widening the passway under. the Oakville bridge. F. B. Kelley, former superintendent of streets; former Mayor Kilduff, Mayor Elton and others testified that at present there is no necessity to widen the passway so far as the city's needs are concerned. The trolley company proposes to spah Steele brook beyond the bridge with 6 special bridge of it's own, but the city opposes this idea on the ground that in a few years it may be necessary to remove the present bridge over the brook for larger and heavier one, and the trolley company's structure would be big obstacle to that improvement.
 This morning the case reached a point where the court thought it hard ly necessary to proceed further. He said that the settlement of this case would be settlement of only frac- tion of the entire contention, and the city's attorneys, Kellogg and O'Neill. cOncurred in this expression. They said it would be as well to settle the whole matter now. that is, decide who should undertake the removal of tn. abutments of the bridge. But Judge Rurpee. counsel for the trolley com pany, did not take that view. He said the new layout on the Watertown road would open up the entire question i,i time and the assessments of benefits and damages arising from the layout would bring the parties concerned into court. He considered it the duty of the city to remove the ahutments and charge the expense of the work to the parties whom the law says shall pay for it. Then, the city could make the trolley company change their tracks to the middle of the street. Assuming that the trolley company was given permission by the court to proceed with the laying of their tracks under the bridge, Judge Burpee considered it would be only q temporary matter, any way.
 Attorney Kellogg asked Judge Bur pee If he meant that the city should go al! over this fight again, as he pre- sumed it would have to do to make the trolley company change the posi- ton of the tracks. .-
 .Illtsc Burpec said that as 10 the expense of removing the abutments in making the proposed new layout. the city could cite in the Consolidated Railroad Co and the trolley company also.
 The court then said the whole diff culty ought to be settled at once and forever, and that he would be very slow in giving the trolley company per mission to lay tracks under the bridge under tue present circumstances. How ever. as the present ease was almost closed, he said he would proceed with 1t and at any time he could be called to hear any application or disposal of any developments in the situation to help settle this controversy for all time. General Manager John F.. Sew. ell then took the stand. and after he lad testified the case was closed. Briefs will be submitted instead of ar, garments and then the decision may be looked for. .'T.