Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-09-22
MAYOR BURKE EXPLAINS.

Mayor Burke when seen late yesterday
afternoon offered an explanation of his
attitude when first informed that the rail-
way company was trying to grnb the
street.
The statement that I made" said the
mayor. that was glad of it was sim
ply meant in the sense that | was glad
because the matter of the possession OF
the street would now be brought to a
head and settled | did not mean that I
was glad that the railway company were
taking possession of the street.
According to the city attorney this is the
first case that the city has against the
railway company The case which is now
pending in the courts over the title of the
street should not be confused with the in
junction proceedings brought yesterday.
The former case was a Taxpayers ac-
ton brought to test the city's title to the
street. 1t was placed in the hands of the
city attorney because the city was in
tcrested.
THE BONE OF CONTENTIOUS
Ir few words the bone OF contention.
is this: Years ago the founders OF Bur
lington laid out the streets to run to
the lake. Lake Champlain was regarded
as a highway and all streets running to II
were regarded rs highways meet
ing another highway. AS the
years went ny the railway
company stepped in and took pos
session Of the land some of it filled land
lyine between the point where the high
way originally ended and the point where
1t e..ded after the lapse OF number OF
years. The city claims that its original
title still holds. while on the other hand the
railway people allege the company owns
tho land between the original point OF
ending and Its present point.
While possibly decision In the cas-.
now in the courts would decide the mat
ter. the city feels that it has a good
claim to the street and that possession Is
all that is necessary at the present time
The move on the part of the railway com
pany to throw its tracks across the stree,
it is claimed, was FASTENED by the rcso-
luton recently passed by the board
authorizing the street department TO tax
possession Of the street.
THE IEJINCTION.
The injunction was served shortly afte,
crintendent c. T.. Sou!e.
The ill of complaint recitea that amonr
the duties OF the corporation OF the cit,
| OF Burlington is one to keep open free
and uninpeded its highways. and tina
| ono Of its highways is College street ex.
| tending cast and west for nearly a mil,
near the center of the city and laid ovel
loo years ago, ITO the edge OF the water.
OF Lake thamplain." Ever since the dat,
| OF layihG the street, the city AYERS Col
| lege street has been maintained. unim
peded and unohstructed as a proper high
way open and common to all.
The bill further recites that the Cen
trail Vermont Railway Co. has contem
plated building II trestle across the foo
OF the street to lay its tracks. thus form
| ing an obstruction and impeachment to tn,
| highway long dedicated to the use of tn,
| public. ana has actually begun the wori
| of constructing tho treste despite warn
| inSs OF the city the mayor the street de
partmont and the city attorney
| The bin further asks that the railroa,
company be restrained by proper injunc
| ton from further continuing in its sal,
| unlawful course of action and enjoinet
from impeding, obstructins or restrain
| ing the free and unimpeded use OF Col
lego street al Its western terminus, o
| AT Lake Champaign.
Judge l.. L. Waterman signed the in
| junction order upon the city's filing
bond OF 500 The Central Vermont Rail
| way company will be cited to appear 1,
court on or h'fore the expiration of :.
days.
The injunction puts into force the re
quests made in tho bin Of complaint.
THE SAFEST PLACE.