FIRST HEARING.

FRIDAY EVENING, APRIL 7.

THE Committee was called to order at 71 o'clock, by Hon. MATTHIAS RICH, President of the Common Council, who made a brief statement of the object of the meeting as follows:

The gentlemen of the Committee, and the gentlemen who have met here to-night, who are interested in this matter, are doubtless aware that two weeks ago an order, which looked to the operating of the ferries between the city proper and East Boston, free of toll for the ensuing year, was passed by the Board of Aldermen, and came down for concurrent action by the Common Council. During its discussion in the Council, several petitions were presented, signed by gentlemen respectable in number, and in standing and position, desiring a hearing, before the Council took final action in the matter; and the result was, that the subject under consideration, together with the petitions that were presented, were referred to a Committee of the Council, consisting of all the members. That Committee have held a preliminary meeting, at which they organized, and adopted certain rules and regulations, by which they propose to govern themselves and govern the hearing, — which the gentlemen of the Committee will find upon their desks, and with which the Counsel, and friends who are interested in the matter, will be supplied, which will show the desire of the Committee in regard to the method of proceeding.

The petitions which were presented, and which were referred to the Committee, were as follows:

Petition of John C. Bucknam, Lyman Nichols, James Cheever, Alpheus Hardy, and 77 others, tax-payers of the city of Boston,

that they may be heard in relation to the abolition of tolls on East Boston Ferries, before any order is passed on that subject.

The petition of George B. Chase, Samuel T. Morse, and 39 others, for the same purpose; of Charles B. Hall and others, for the same purpose; of John O. Poor and others, for the same purpose; of Isaac Rich and others, for the same purpose; of James M. Beebe, Gardner Brewer and others, for the same purpose; of John Foster, Nathaniel Whiting and others, for the same purpose; of George Woods Rice and others, for the same purpose; of George C. Richardson and others, for the same purpose; of George D. Baldwin and others for the same purpose; of Edward D. Peters, Wm. Hilton and others, for the same purpose.

These petitions, together with the order, were referred to the consideration of this Committee; and the meeting this evening is called to hear the petitioners, who, by one of the rules adopted by the Committee, are to be heard first. The Chair calls upon the petitioners to know whether they appear in person or by counsel.

Hon. CHARLES R. TRAIN. I have undertaken to represent the gentlemen who have petitioned the Council, so far as I can, upon this short notice; and I find myself in this unfortunate condition: I understand that the Council, on Tuesday evening, fixed upon this evening as the time when they would hear the petitioners, and at the same time passed certain rules which are to govern the hearing. On Wednesday afternoon, at the State House, application was made to me to know if I would undertake to conduct this hearing on the part of the petitioners, if I was desired so to do, and I replied that I knew of no reason why I could not do so. Late in the afternoon, I received a note from the gentlemen who had applied to me, saying that it was the desire of the petitioners, as far as he could ascertain, that I should appear, and I immediately sent word that I should want a conference for the purpose of arranging for the hearing, in

order that it might be a fit and proper hearing, and that no time should be consumed for want of necessary preparation before coming here. But unfortunately, yesterday was Fast Day, and I was unable to see either of the gentlemen whom I knew, and I have been unable to do so to day; nor have I had any time to consider the matter in my own mind until since the adjournment of the House, this afternoon. All the consideration that I have given it, I have given it by myself, without being able to confer with those whom I represent, or with any of the witnesses, or to gather up a great many facts which I deem to be of very great importance to this hearing.

I had hoped, therefore, that I should not be considered presumptuous, or as preferring an improper request, if I asked the Committee to postpone this hearing until such time as I may be able to present the case, as I view it, in a proper manner. It is a case of very great importance, not only to the petitioners, but to Ward One, which is directly interested, and it is just as important that it should be rightly decided as it is that there should be any investigation at all. It is an investigation which, as it seems to me, involves pretty deep inquiries, and one which would be best carried forward after careful preparation on the one side and on the other. I am aware that the gentlemen on the other side, having the time which I must necessarily take in putting in the case for the petitioners, will not feel so solicitous for delay as I am; at the same time, I am quite sure, knowing the gentlemen whom I suppose represent the parties who are upon the side of free ferries (I hardly know how to distinguish the parties here to-night), that they appreciate my position, and will be willing to yield, so far as they may, if the wishes of the Council concur with my own, to the application for a little delay. I have conferred with but one gentleman since I came into the hall; I do not know what he would say, nor do I know what I should ask him; although I have general opinions in relation to this ferry matter, from the fact that I was at one

time a member of the City Government, and at another time had occasion to discuss the question somewhat in the legislature upon the question of incorporating a Bridge Company from East Boston over to the main.

I know that this is a case where time would be saved, and the desires of everybody more satisfactorily accomplished, if proper time could be given for preparation. I had hoped that my clients, whoever they may be, would have furnished me with a junior associate, who would have given me some assistance; that has not been done as yet, and therefore I should be glad if the Council would adjourn the hearing to such time as shall be deemed entirely reasonable by them. I ask no delay except for suitable preparation, and then I should be content to take up the case and go through with it at one sitting or more, as the Council may desire. But I am quite sure, that in a case involving the expenditure of a very large amount of money, a case involving a question of policy which is so important to the city government as this, no hurried or partial investigation would be satisfactory to the Council or to anybody in interest, and no result which might be arrived at by the city government without a thorough, patient and careful investigation would be deemed worthy of the gentlemen who compose the Government or who desire to go into the investigation.

With these views, Mr. President, I desire to submit to the gentlemen who represent the other side, and to the Council, my request for delay.

One other thing, which I omitted to state. I understand that the fact that this is the evening of "Good Friday," has had its influence in keeping away from the hearing some gentlemen whom I had expected to find here. How far that affects the attendance this evening, I am unable to say.

The CHAIRMAN. Do the counsel on the other side desire to be heard?

Hon. T. H. SWEETSER. I have been requested to come here

I

and act as counsel in behalf of the petitioners in favor of free ferries, and I am here at their request, prepared to hear and answer anything that the petitioners for this hearing may offer. I had not supposed that the hearing- although, undoubtedly, the subject is of very grave consequence—was much matter, for the reason that I presumed every fact bearing upon the question was pretty well known to the whole of this Committee, and certainly all the facts that can be offered are very accessible to them, without calling in the testimony of other citizens. am a little troubled with the position in which I am placed by my brother Train. I do not want to seem discourteous, neither do I mean to be. I can understand, that if he was not called upon to act as counsel until Wednesday, and the gentlemen who called upon him have procured no other counsel, and taken no means whatever to aid him in the investigation, not even by their presence, his position must be somewhat painful. But I am informed by the gentlemen whom I represent, that they desire to have this hearing as speedily as possible, and are anxious to have it end as speedily as possible. Therefore, without opposing the desire of brother Train, for fear that I may seem to be discourteous, I prefer to leave the matter entirely to the members of the Council, to act as they see fit.

The CHAIRMAN. The gentlemen of the Committee have heard the remarks of the counsel on both sides of the question, and it remains for the members of the Committee to decide what they will do. The Chair waits any motion in regard to the suggestions made by the counsel for the petitioners.

Mr. KINGSBURY. I move that when this Committee adjourn, it adjourn to meet at this place on Monday evening next, at 71⁄2 o'clock.

Mr. SMITH. I do not think that that postponement would be of much service. This is Friday evening, only Saturday and Sunday intervening, very little could be done. I move to amend by substituting next Friday evening, at 7 o'clock.