Waterbury evening Democrat., 1908-10-30
EAST MAIN TROLLEY
\ UslIss ie 'Qpssh PrsesslIsas
 Bressht Up Ts.dsy.

A motion to quash proceedings by the city against the New York, New Haven and Hartford railroad com- pany, with the state of Connecticut as the nominal plaintiff was the main feature of argument in the superior court at short calendar before Judge William L. Bennett this forenoon. The motion was brought by the rail- road company represented by Attor- ney B.I. Spock of New Haven, City Attorney Kellogg with Mayor Thoms represented the city.
 It seems that on February 23. 1904 the Connecticut Railway and Lighting company was given permis- sion by the city to build a trolley line from East Main street through Cole and Baldwin streets to Chapel street and Pearl lake road and that the line should be complete by Mo- yember 16, 1904. There were the usual conditions as to grades, poles and so forth.
 What resulted Is known to every body. The company just built the road as far as 1t pleased and stopped. Attorney Spock In making his con- tentions stated that the state has no concern in this matter, has no pow CT to make the company fulfill its contract with the city to extend it's lines to the Pearl lake road. al 1t agreed to do. The company, he says applies to the legislature for a charter to build road and charter is given. But the right to build Is not compulsory, but merely permis, sive. but therein is 8 proviso that if the road is not completed within a certain period its charter lapses. The city has authority only to direct the building of the road SO far as grade and the location of tracks are concerned. The period allowed for the construction of the line having expired, MT Spock claimed the com pany has no power or right to build 1t now.
 The court asked Mir Spock If he meant to say that the conditions im- posed by the city referred only to the time allowed or to the actual building of the line. and MT Spock answered that he took the conditions to mean that the work should be done within the period stated, but the company did not recognize the city had any right to impose any conditions further than what referr- ed to grade and location of the tracks. -
 MT Kellogg for the city answered that'the company asked and got per- mission to build a continuous track from East Main street to the Pearl lake road and 1t did not comply with those conditions. If the com pany was not satisfied with the con- ditions 1t had the right to appeal, but it took no such action. By the company accepting the conditions to build and then failing to do so, he contended that the city has the power to make the company finish the line at its own expense. The company's claim that the validating act of 1905 validated the road in its unfinished state does not hold good for it contains no reference to violated contracts as this contract Is. The Connecticut Railway and Light ing company refused to finish this line and its successor the Connecti- cut Go, has refused also to finish it, and the city has shown no tendency to consider 1t complete line.
 In reply to this MT Spock said that the city could have torn up the tracks already laid when the com pany refused to finish the work up to the time of the enactment of the validating act of 1905. After that it had no right to interfere with the work already done on that line.
 Tn case We are ever obliged to try this case on its merits," said Mir Spock, I've shall show then why We did not continue the line."