parties had secured an interest in the Eastern who were disposed to use it for speculative purposes. This they believed could be effected by obtaining the sole control of the Portland, Saco & Portsmouth Railroad. The first movement in this direction was to terminate the contract of 1847 for the use of that railroad by the Boston & Maine and the Eastern, which could be done by notice by any one of the three parties and the payment of two hundred thousand dollars forfeit.

The Eastern gave the requisite notice to terminate the contract on the first day of January, 1871; it also effected a contract, dated May 5, 1871, the precise terms of which were not made public or brought out in the litigation which followed, but which was understood to give the full control of the Portland, Saco & Portsmouth to the Eastern. Thereupon the latter company advertised that it would put on a through express train on June 5, in addition to its other trains, both ways between Boston and Portland.

Of course the Boston & Maine was practically compelled to do the same. There was some question in the minds of its officers whether the Eastern would draw the cars of the Boston & Maine on those trains, and they consulted counsel in Portland with the view of an appeal to the courts in case of refusal. Later they became satisfied that there would be no refusal, and so notified their counsel, but requested him to be in his office on the fifth.

But they were disappointed; the new train ran by the Junction, and the Eastern refused to draw the

cars of the Boston & Maine on that train; in the same manner it refused to draw the Boston & Maine cars from Portland on the corresponding train to Boston.

An application was made for an injunction practically to compel the Portland, Saco & Portsmouth (or really, as it was alleged, the Eastern) to draw the Boston & Maine cars on those trains; as the matter was pressing and delay almost ruinous, application was made for an injunction, without any hearing, upon the giving of a sufficient bond; the application was granted upon the filing of a bond for fifty thousand dollars; the bill in equity was filed June 6, 1871, and the injunction was issued and served the next day. Of course it was obeyed.

But on June 13, 1871, a motion to dissolve it was filed, and later a hearing was had. While the motion was addressed to Judge Walton, and must be acted upon by him, it was heard by him in the presence of five of the other judges at the Law Term in Bangor. It was argued for the Portland, Saco & Portsmouth by Judge Libbey, with whom Thomas K. Lothrop, then president of the Eastern, was associated; and Henry W. Paine, then of Boston, was associated with me for the Boston & Maine.

The court did not dissolve the injunction, but allowed it to remain in force until the final decision of the case. It must be borne in mind that this injunction was temporary, until the whole case should be heard in the regular manner, and then if the injunction had been denied the Portland, Saco & Portsmouth would have their remedy by enforcing the bond.

The Boston & Maine relied upon the act of 1842, mentioned above by Mr. Bradbury, which compelled the Portland, Saco & Portsmouth to draw its cars, while the Portland, Saco & Portsmouth claimed that the extent of its duty was to carry the passengers, and, so far as it was concerned, the act of 1842 was inapplicable or invalid. It is quite a curious coinci dence that thirty years after the enactment of this statute the very parties, which had the contest over its enactment, should be, for the first time, contesting its application to them in the courts the Portland, Saco & Portsmouth, with the Eastern behind it, on the one side, and the Boston & Maine on the other.

When the application of the Boston & Maine for a charter to extend its railroad into Portland was before the Legislature in 1872, the Portland, Saco & Portsmouth were drawing the Boston & Maine cars on its express trains only by the injunction of the court. I well remember with what tremendous power Mr. Bradbury used this fact before the committee of the Legislature in reply to the objection that the required notice of the petition had not been given, and therefore that no action could be had at that session.

It was intended and expected to make up the injunction case for the law court, but it had not been actually done when Mr. Bradbury succeeded in obtaining the charter for the extension; the injunction, therefore, was continued in force till January, 1873, when, as the extension into Portland had been completed, the case was dismissed without prejudice and without costs, and the bond canceled, but left on the files of the courts.

The Boston & Maine was first chartered under the name of the "Maine, New Hampshire & Massachusetts Railroad Corporation," and its western terminus was "the village of Great Falls in the town of Somersworth, New Hampshire," instead of Dover.

THE MAST INDUSTRY OF OLD

FALMOUTH.

BY LEONARD B. CHAPMAN.

Read before the Maine Historical Society, April 24, 1896.

Ar the time of the last settlement of Old Falmouth, the land was covered by a native growth of soft and hardwood trees, excepting a few places where clearings had been commenced by those driven from the soil by the Indians.

An idea of the kind of growth that covered Falmouth Neck, now Portland, is obtained by the record of the highway from the head of what is now known as India Street - then called King -to Libby's Corner in Deering, and at this date known by the name of Congress Street. It was the first highway voted by the new settlers and was in the year of 1728, as follows:

The highway that goes from King Street up to the head of fore River, beginning at the head of Middle St. where it comes into sa way bounded as followeth at a stake standing on the northern side

of said way Running south west and be west or there abouts to Mr. Proctors fence, thence to a great Read oak tree marked with W near as the way gose and from sd tree to another Red oak marked with W, thence to a large white oak tree marked with W, thence to a large Red oke near a small brook or gulley marked with W, thence to a large white oke tree with W thence to a Red oak tree marked with a W. T. the way turnes to the marsh to a Red oak tree by ye side of the marsh marked with W, thence cross ye marsch to the point of upland to a small Birch marked with W and a stone by it

thence to a small white oke marked with W thence

to a large white oke marked with W, thence to a large Red Oke to the norword marked with A W. against the head of y Round marsh thence to Mr. Thams bound of his thirty acre lot. (Old Falmouth Records, City Clerk's office, Portland.)

Towering above all in certain localities was the haughty pine, sought and procured for ships' masts, yards and bowsprits, the less in size being used for mill logs.

Mast procuring in those days was an industry of no small proportions, compared with the means at the lisposal of those engaged in the business. The market, or place of disposal of the product, was England, and the business was under the ban of statutory law. The Province of New Hampshire was the place of commencement of the industry in New England as the data I have been able to obtain shows, Samuel Waldo appearing before the legislature of the Province for the purpose of explaining the law, who, it is believed, transferred his interest in the business to Col. Thomas Westbrook in the year 1718-the pioneer in the industry hereabouts, who established himself temporarily at the place now known as Dunstan Landing, in the town of Scarboro, living, it is