The Bridgeport evening farmer., 1909-08-03
Opinion of City Attorney Brings Hope to Seaview
 Avenue Citizens
PETITION FOR LEGAL DETERMINATION NEXT
Frank I. Hitchcock Express. es Views of Those Who
 Are Making Fight
Officers Devoted to City Would Order Lake Co.'S
 Fence Torn Down

It was announced this morning by, Frank I. Hitchcock, proprietor of the Hitchcock Gas Engine company, that the fight to save Seaview avenue to1 the public will be continued. The scfti-i zens who have been engaged in the contest with the Lake Torpedo Boat, company to keep the street a pub lie way are much comforted by the, opinion of City Attorney Thomas M. Cullinan, delivered to the Comnon3 Council, last night, who finds that 2 the portion of the street enclosed byI the Lake Company has unquestion-si ably been dedicated to the public asz i, highway, and who finds that a l court will say that the street was sac- ] cepted, in it's use by the public can ,. be shown.
 MT. Hitchcock said this morning: we do not feel at all discouraged in giving the petitioners leave to withdraw. If the street has been de- dfcated and if it has been accepted, perhaps a petition to lay it out is question. The more direct way, pos sibly, will be for us. who are in terested in keeping Seaview avenue a public highway to the water, to pe- titfon the council to instruct the city attorney to begin proceedings to have the fence built by the Lake Company removed. In such an action the court would, as the city attorney has sug- long and extensive use of the street by the public, and the matter could be settled in a very brief time.
 If the Council refuses to take action have little doubt but that private persons will find the money. But there are other than financial reasons why the litigation should be backed nv hn ri fu " nc preservation of a public right, would be in a much better position before the courts than mere private persons would be.
 Continued MT. Hitchcock: .In view of the opinion of the city attorney. the heads of a city, who were deter mined to protect the public, would order the proper city official to tear down the fence which has been erect ed across this highway. I am so con vinced of the justice of the public claim that I myself would unhesita- tingly lead a party of 25 to tear that fence down if 50 many should voIun- teer.
 'It is about time that grabbing pub lie property in this city should stop. Tn our neighborhood are tired of that sort of thing and we're going to do our share to put an end to it.
 eff the servants we have elected to office cannot take care of us we, must find some that can.
 Pretty spectacle, isn't it" con- tinued MT Hitchcock, "to see public officials who have been given honor able places, working as counsel for private parties for a privase fee and using the influence that cannot be separated from them as public officers to close this theroughfare dedicated to the public since 1891 and accept ed by the public which has constant ly used it a travelled way.'
 The opinion of the City Attorney was received by the Council last night. He finds that Alonzo J. Beards1ey and B. Beardsley had a map made in 1891, which they filed in the office of the town clerk in 1895. as a strip 40 feet wide running from the end of the street as laid out by the borough of West Stratford, fo the water This constituted a dedica- tion to the public.
 But there is no record to show that the street was ever accepted by an appropriate action taken either by Bridgeport or by Stratford. The city attorney finds, however, that if the. street has been constantly used by the public that this would be an accept ance Whether or not a street has been so used, must be left to the de- termination of the court.
 The question came up on the petil tion of the Miamogue Yacht club, call ing for the extension of Seaview ave- ; nue to the harbor. The aldermen gave the petitioners leave to withdraw This action was in part the result of the work done by an energetic lobby which contained some prominent Re publican officials. It was in part due to the belief of some of the aldermen 2 that it would be superfuous to lay out the street until the courts have deter mined it's acceptance by the public.
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