The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-04-13
TO FIGHT FOR CROSSING
TIE ELECT RIG RAILWAY APPEALS
FaOM A DECISION.

The Supreme Court to Say Whether
the Electric Line Can Cross the Sz-
van nah F Iorids and Western Tracks
at Gwinnett Street.-The City litter
ested in the Case - The Question
Whether the Railway has Right to
Block a Street Crossing Raised.
The granting Of the injunction by Judge
Faliigant against the Savannah Electrical
Railway Company to prevent its crossing
the tracks of the Savannah, Florida and
Western at Gwinpett street does not by any
means settle matters The street railway
company has appealed the case to the
supreme court, and President Collins said
yesterday it will not accept any compro-
mise.
Mr.. Collins was asked if his
road would bridge or tunnel the dis
puted crossing. 1--WE will do neither
hereplied; ''the Electric road will cross the
Savannah. Florida and Western at gr ade,
according to the grant Of the city. We
have appealed from Judge Falligant's de-
cision, and feel satisfied that our position
will be sustained.
THE ELECTRIC CoMPANY's POSITION.
There is no question Of the Electric
roads right to cross Gwinnett, as we have
cnarter from the legislature. The Savan-
nah, Florida and Western had its attorney
before the legislature to oppose that charter
on exactly the same grounds that IL brought
the injunction, but the members of both
the House and Senate declined to admit
that the objections were tenabe, aud
laughed at the idea that the Savannah,
Florida and Western had the right to pre-
vent other roads from crossing its tracks in
the public streets
IL not only sets up the claim that Gwin-
nett street is private property, but all other
street crossings as far out as Twelfth street
as well. We proved in court that the dis
puted point had been condemned and paid
for as Garden lot No. Is by the city many
years ago. and proved by twelve affidavits
OF reliable persons that the crossing has
been used as a public street for twenty-s
years. We were prepared, however, for
Judge Falligants decision, and expected no
other. Our appeal is on what is called the
swift bill of error, and we hope to have it
heard by the supreme court within
month.
TO GO AHEAD WITH THE WORK.
I'm the meantime the work on the bal
ance Of the line will be pushed forward
rapidly. The contract for the power house
has been let and poles are being put up. II
81 Voi ~ VI Inc case Is QOU granted,
as a matter Of course the completion of the
route will be delayed some time beyond
June l, when it was expected to have the
road in operation. We feel satisfied that
DELAY, at the most, will be the only result.
When work was begun on the Electric
road, continued Mr.. Collins, 1.-THE Savan-
nah, Florida and Western made us a PROMO
sltion TO tunnel the Gwinnett street crossing,
and submitted an estimate Of the cost
RI baIf 80 A.
mel and approaches was, | believe, somes
thing like $36.0O0 but as we claimed the
street to be public we didn't propose to
spend money for nothing aud declined to
enter into any agreement. The worst
feature about the tunnel would have been
the drainage, as only two foot level was
calculated on the Bilbo canal, which was
entirely too little.
TO FIGHT 1T OUT.
I'VE are not the aggressors in the suit.
The Savannah, Florida and Western
brought US into court and we will fight to
the bitter end and accept no compromise. as
tnere Is much more involved in the affair
than simply tho matter of crossing Gwin-
nett street. 1t Is a question of whether or
not railroad has the right to prevent the
development Of city. Since the Sayan-
nah, Florida and Western has allowed it to
be used as public highway so long without
uispuuel6 Is rather poor claim to set up at
this late day that it is private property
A member OF the city council said that
the position taken by the Savannah, Florida
and Western against the Electric road is
against the city. "The city, said he will
take no part in the Gwinnett street dispute,
as the public has had unrestricted use of the
crossing up to the present time. The stand
OF the Savannah, Florida and Western,
however means simply that it can at any
time close the crossings to the people, and as
several new street crossings will soon have
to be made across the tracks some extended
litigation may result