Waterbury evening Democrat., 1906-04-07
coMMIssIcHERs' DECISION.
Correct, as Announced in These Col
 umns a Week Apo.

Correct. az Announced In These Col
 umns a Week Ago. The decision of the railroad com
 missioners on the appeal of the troll
 ley company from IIe conuiJ,uus im-
 posed for the Robbins street exten-
 sion was made public yesterday, but
 Just the same. 1t appeared in the
 Democrat a week ago., It upholds
 the contention of the trolley, and as
 was stated at the time, evidently
 furnishes the basis for a scrap in the
 courts unless both sides get together
 and agree on something. A good
 deal of speculation was indulged in
 when the Democrat announced the
 decision last week, some claiming
 that 1t was simply guess. We'll,
 even at that, wasn't it good one?
 A representative of this paper got
 the gist of that document as soon as
 it was ready to sign, and those who claimed he was off will find it hard
 to defend themselves now that there can no longer be any doubt about it.
 Mayor ThOms was asked about the matter to-day and replied that it was the same as stated in the Democrat
 last week. Tt gives the company the right to go ahead with a seven- foot cut at Grandview avenue" he continued, "the company to pay all the cost of doing that, but it makes no provision for them to bear any portion of the expense of working the street when the city gets ready to complete the whole job. You may say that it does not meet with my ap- proval and that have already re- quested the city attorney to take an appeal to the courts.
 l The full text of the report is as fol- lows:
 It appeared from the statements of both parties in interest that there was no intention on the part of the city of Waterbury now or ill the near future to carry out the Improvements on Robbins street as set forth in their findings, unless the greater part of 1 the expense of said Improvements were met by the railroad company; and said company stated that the ex- pense of such improvements was pro- hibitiye and desired to be heard no further on said plan. The matter of paving at intersecting streets we understand was agreed to verbally by the city and the street railway company.
 The plan proposed by the street railway company to locate the tracks of it's proposed railway on Robbins street at the present grade. would re- suit in a F per cent. grade for dis tance of about 300 feet and in our judgment it would be unwise and perhaps unsafe to adopt said plan. The plan to cut down the grade, of Robbins street for about z feet near it's intersection with Grandview street would result in a maximum grade of about 9 per cent. and would be con slstent with and partial fulfill ment Of the future plans of the city for improvement of Robbins street
 We do therefore, deem it equitable and we do find, order and direct, that beginning at a point in the present tracks of the Connecticut Railway and Lighting Company near the foot of Robbins street, thence through Robbins street crossing the Watertown road and westerly along Robbins street to it's junction with West Main street, thence westerly along the highway leading to Mid dlebury to private right-of-way at a point near the junction Of said high way and Bradleyville road (so called), thence on private right-of- way crossing one highway near said Railway and Lighting Co may lay its single track of railway, and that the center line of said tracks shall be the center line of said highway and as is shown on red line on maps marked Connecticut Railway & Lighting Company, Map of Water Extension show ing tracks in Robbins Street, Water- bury" filed March 3l, 1906, with one turnout located as is shown on said maps; that where feasible the grade of said tracks shall conform to the grade of the highway as 1t now exists; that the grade of Robbins street at the summit of the hill (so called) near Grandview street shall not be in excess of per cent and shall follow the plans as outlined on maps marked Supplemental Plan to accompany petition of Connecti- cut Railway & Lighting Co to City of Waterbury for location of track in Robbins Street dated January "A, 1906," that said company shall grade and fill other parts of said Robbins street to conform to the foregoing requirements.
 All portions of the highway dis turbed in doing said work are to be restored in as good condition as found and the wrought part of said highway made suitable for travel shall nowhere be less than 12 feet in width on each side of the street rail- way tracks, measuring from the out CT rail.
 All the expense of such grading, filling and cutting to be borne by said railway company, together with any land or special damages occa- stoned by the cutting down and change of grade of Grandview street.
 It is further found and directed that nothing contained in this tenn porary layout by this board shall grant to said street railway com pany any permanent rights of grade and location of tracks which cannot be modified by the city of Water bury or on appeal by this board, at such time as the city of Waterbury may desire to improve said Robbins street in accordance with plans which have been approved by said city of Waterbury or which 1t may