The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-01
ORDERED TO STOP WORK.
WI ExLEY ENJOINs TIE COUNTY
FROM FINISHING BAY STREET.


FROM FINISHING BAY STREET.
Commissioner Read Says that the
Work Was Pretty Wen Advanced
ANYWAY, and it VIII be Continued
by the County Giving Bond-The
Grounds Upon Which Mr.. Exley
asks for an Iuiunct:on-The Case to
be Heard in the Superior Court
Saturday.
The committee Of the board Of county
commissioners, consisting of DR.. James B.
Read, Col. J. II. Estill and S. Meinhard, and
County Engineer E. J. Thomas, and William
Allen, who has charge Of the convicts on the
west side Of the city, was Temporarily en-
Joined yesterday by William L. EKley from
prosecuting the work on the Bay street ex-
tension.
The papers were filed in the superior
court by Lester s. Revenel end Charlton &
Mackall, attorneys for Mr.. Exley, and an
order was taken for the defendants To show
cause Saturday morning at 10 O'Clock why
the injunction shall not be granted, and
until the hearing the defendants, their
agents, associates and subordinates are re-
strained from entering upon the land of
said William l.. Exley. and from grading
and digging thereon, and from destroying
the crops therein planted"
THE GROUNDS FOR THE INJUNCTION.
The petition, after the preliminary
declaration as to the uses to which the land
is put, sets up the claim that the defendants,
In defiance of the owners rights, have uu-
lawfully entered and trespassed upon the
land and ara so doing daily; that they have
torn down the fence on the western limits
of the tract, and are leveling the land to an
uniform grade and destroying it for
agricultural purposes; that in carrying out
the alleged unlawful acts they are digging
up and destroying the crops. and have de
clared their intention to continue in this
way until the western limits of the city, a
distance of 500 feet by so feet in width,
have been reached, and that they have al
ready dug up and graded a distance Of so
feet by so feet wide, and unless they can be
stopped the petitioner will suffer irremedia-
bic damage for which there is no adequate
remedy at law.
WILL GO RIGHT AHEAD.
Commissioner Read informed a MORNING
NEWS reporter yesterday that the injunction
will not interfere with the county's work on
the new road. He said that about all the
digging required would be completed by
the time the men quit work for the day,
and that bond will be given and the work
There are some complications in the issue
between Mr.. Exley on the one hand aud the
city ana county on the other in the right of
way question.
1t appears that at the outset the city,
after delays and frequent conferences, came
to Mr.. ENey's terms and was granted the
right Of way across Mr.. Exley's lands for
the Bay street extension; but, as the terms
were exacting, the city delayed proceeding
with its portion of the work, as 1t found il
would be much more expensive to furnish
a cedar post fence and construct a system
Of drainage such as he insisted upon, and
conform TO such grades as he required.
TIRED OF DELAY.
The county commissioners grew tired of
the delay, and at a meeting Of the board
at which Mr.. Exley was present sought to
come to some terms with him FOR the right
of way for that part OF the road lying out
side Of the jurisdictional limits OF the city.
Mr. Exley, while alleging that no would
ike to see the matter settled, informed the
commissioners that it was not in his power
TO treat with the county, as he had parted
with the right Of way TO the city, which Re
would hold under his contract.
County Attorney Saussy, upon being
called upon for legal advice. informed the
board that the city had no right to con-
tract for right of way for road lying out
side of the corporate limits OF the city no
roads inside the corporate limits, aud he
suggested that condemnatory proceedings
begin to secure the right of way for that
portion OF the road within the county's
jurisdiction.
WENT ALONG WITH WORK.
This step was taken by serving notice on
Mr. Exley and the city jointly that the
county would, at time fixed, proceed to
open the road, and notifying the parties TO
fIf in +hpif lojr fs, n
Mr.. Exley, taking the position that the
right of way had been contracted for by
the city, put in no claim; and the city upon
the ground that any contract for right OF
way outside Of the corporate limits is void
did not answer, and after the limit had
fully expired the commissioners proceeded
TO construct the road through the Exley land
unchallenged until yesterday, when the
injunction papers were filed.
MIR. ExLEY BEHIND TIME.
1t is claimed that as far as the county is
concerned Mr.. EXley has lost his day Ia
court and must look to the city for such
damages as he may have sustained, as he
elected to do when notified that the county
intended to construct the road through his
land.
Ii is predicted in some quarters that the
city may take advantage of the alleged
illegahty of its contract with Mr.. Exley.
and when it gets ready to extend its part of
the Bay street extension will do so by con-
demning the right of way, which some of
the aldermen and especially Alderman Har-
mon, chairman of the street and lane com
mittee, was in favor of doing at the outset.
CITY BREVITIES.