Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-04-14
NO. Is.
OFFICIALS DISAGREE
Small Prospect Of B. 8 M. Line
on Vermont Side
MeIlen and Fitzhugh Had Conference in
Boston Yesterday-Overhead Pass on
Bridge Street Probable.


Bridge Street Probable
Hope of an amicabe solution of the
railroad situation in Brattleboro appears
to have vanished. President c. S Mellen
of the New Haven road and Vice Presi-
dent f. II. Fitzhugh of the Grand Trunk
road held conference in Boston yester-
DAY relative to the Boston & Maine
coming from South Vernon to Brattleboro
on the Vermont side of the river but
they separated in a disagreement and
President Mellen ordered his engineer.
George NJ. Tompson, to proceed to build
the road on the New Hampshire side.
Mr.. Tompson came to Brattleboro last
night with that object in view, and when
he gave out the information il caused a
sensation
Attorney Clarke c. Fits, who is in
Boston, could not be located last night
but Attorney w. B. c. Stickney was com
municated with, and he had received no
information, but this morning Mr. Fits
was reached by The Phoenix and
stated that while Mr.. Melen had given
orders to build in New Hampshire, as he
ana once before, the committee did not
regard the situation as hopeless. as there
was still left recourse to legal proceed
lngs through the public service COM
mission.
In conference of the committee with
Grand Trunk people, March 81 it was
suggested that the railroad heads confer
which Mr.. Fitzhugh agreed to- and stems
We're taken toward carrying out the plan
Selectman John Calvin and c. Fl. Thomp-
son went to Boston Tuesday with the
same object in view and discussed the
matter with Mr.. Fitzhugh.
II is understood that the situation with
reference to the Grand Trunks proposed
extension from Palmer to Providence
contributed to the disagreement of tho
railroad heads yesterday.
IN the agreement relative to submit
ing briefs on the question of the authority
Oh the public service commission if was
agreed that counsel for all parties should
ne IurHshed with copies of all briefs
puI the committees counsel has not re-
celVed the Central Vermont brief althongb
1t Is several days overdue.
brlet filed by William NJ Wherrv OF
New York, counsel for the Twin Stata
Gas and Electric company. owners of
we hra ttleboro street railroad states
that the street railroad COMPANY owns a
FRANCHISE to build street railroad across
me tracks at Bridge street that tbe
company was not given notice of tho
nearing before the public service com
mission which resplted in the order for
'He abollshment of the Bridge street
| crossing and that the present nIans
make it impossible to cross the tracl.s pici,,s
The brief makes three contentious as
| follows: "9
% The railroad commission has the
| power to modify an order made by IL TO
| abolish grade crossings SO as to meet
| changed conditions. and incidental to This
| power 1t has the power to order and hold
| a rehearng on the whole matter.
':l Proper parties not having been
hotlhed, the order of the commission
made Sept 80. 1870 was made without
jurisdiction, and being void can be dis
regarded by the commission as well as
ny everyone affected by it.
CD The commission not only has the
power to grant a rehearing but in the
present case cannot enforce its order
without granting such rehearing be-
cause OF the absence of necessary par
ties POI
\ suggestion to the commission sub
nltted nv w. p. c. Stickney. counsel
Tor the Boston e Maine company. is TO
the erect that the commission has ample
authority TO fix n time for hearing and
grant such relief as may seem meet
Mr.. Stickney says ii Is manifest that the
execution of the existing order would be
unjust and he quotes from Blackstone 40
foHoWs: Next to doing right the great
object in the administration of public
Justice should he to give public satis-
faction"
Ihe central Vermont officials indicated
to Mr.. Fits and Judge J. NJ. TYLER 10
Gays ago that they would be willing 70
nave an overhead pass built at the
Bridge street crossing which would
mean the raising of the Connecticut river
bridge, and that is likely to be brought
about.