The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-10
NO BAY STREET ROAD YET
MR. ExLEY PUTS ANOTHER STOP
ON THE COUNTY.

An Injunction Granted Preventing the
County Commissioners From Con-
demning the Right of Way Through
Mr.. Exley's Laud-Ths Commission
ers Discuss the Matter and Con-
ference Arranged Between Mr.. Bxley
and His Attorney and the County
Engineer ana County Attorney.
Another hitch has occurred In the open-
ing of the Bay street road. At one of the
recent meetings Of the county commission
ers decision was reached to condemn the
right of way through the lands of William
L. EAley and have the road opened up by
the road commissioners. Notice of the
! intention Of the commissioners was pub
lished in the MORNING NEWS according to
law. and yesterday was the day appointed
to condemn the property.
Mr.. Exley, however, didn't propose to be
caught mapping and through bis attorneys,
Charlton q Mackall, yesterday morning
applied to Judge Falligant for temporary
restraining order and injunction TO prevent
the county interfering with his property.
Judge Falligant granted the temporary
In the superior court Dec. 81 20 show cause
DO granted.
THE CoMMIssIo NERs NOTIFIED.
Mr.. Exley aud his attorney, Mr.. Charl-
ton, were on hand at the county commits
sioners' meeting at IL O'Clock and as soon as
the case was called the restraining order
was served and put an end to any condemn
natory proceedings. The commissioners
didn't seem surprised at the move Of Mr..
Exley aud appeared as IL they expected
something of the sort. Nevertheless a
rather spirited discussion took place by
Commissioner Estill calhng upon County
Attorney Saussy for statement, which he
understood had been made to him by Mr..
Exley to amicably adjust the differences
between himself and the county.
In asking for the statement Commissioner
Estill said he did so because he wanted to
see the Bay street road question settled as
easily as possible. This he believed could be
done If the proper course were pursued.
A BADLY MANAGED AFFAIR.
In the opinion of Commissioner Estill the
matter had been badly managed from the
start, both by the city council and the
county commissioners. He Is opposed to
having any litigation over the question If
there is any possible way to avoid it,
Attorney Saussy gave brief review Of
the case from the beginning. He said Mr..
Exley had remarked to him that he would
be willing to accept the original offer made
by the county as to the grading of the road,
laying of pipes, ETC., If the sand were taken
from the knoll on the north side instead Of
the other side.
Commissioner Read was very emphatic
in his views of the case. Tho matter, he
said, has been hanging fire long enough, and
he was opposed to any action other than the
condemning of the right of way according
Read, who gave rights of way had the
same rights in the matter as Mr. Exley, and
the commissioners should bring things 10 an
end by getting the road opened by oondem-
nation. He thought there has been enough
conference already without any result.
DIDN'T WANT ANY LITIGATION.
Commissioner Estill didn't believe in act
ing too hastily. He could see several years
| litigation ahead If the matter got into court.
II feel little delicacy," said the commits
sioner, '1n interfering with the committee
on roads or the committee in charge of the
convicts, but want to see this question set
tied without law suit. For my part
believe the plan suggested year ago about
fencing in the road and abandoning it
would be the better one. l don't believe in
the county commissioners fighting citizens
in court, nor do l think it right to spend the
peoples money in such manner. Ibelieve
| Mr.. Exley has been treated a little badly
anyhow-not lately, but when the question
was first brought up. There seemed then to
be disposition the run over him, and nat
urally he felt hurt and resented it,"
A CONFERENCE TO BE HAD.
Mr.. Charlton followed Col. Estill on be-
half of his client. He suggested a confer
euce with Mr.. Exley and said he believed
an arrangement could be arrived at by such
a course at much less cost to the county than
II the commissioners undertook to open the
Bay street road by the condemnation proc
ess.
Commissioner Estill then made a motion
that the county attorney and county en-
gineer be authorized to confer with Mr..
Exley and Mr.. Charlton, and q report OF
the result of the conference be submitted
to the board at its next meeting. The mo-
ton was adopted with one dissent ing vote,
that of Commissioner Read.
nvsDensia In all ita forua Ia mt nnIv 70