The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-07-31
a FEW SuGGE TONS
Concerning the Toll-Gete Question o
Vernon Shell Road

OO0SSEhlll6 Vic 1Oit-'56LS kLu6SLlOn OG
Vernon Shell Road.
Editor of the Morning NeUS: When
the question of securing the removal of the
toll-gate on the Vernon shell road from its
present location to point bsyond the city
limits came before the last council, | took
the position that under the ldtU las it stood
the owners of the shell road had an IN
doubted easement therein which had some
value, and which could not be taken away
without reasonable compensation.
thought that when the stockholders made q
fair offer to the city their offer should have
been accepted. Several members of the last
council objected, and as a result legal issue
arose and the city finds itself no farther adj
vanced than it was in the beginning. Mean
time very serious damage has been suf-
fered because of the failure to open the
street.
After the fight was on, both sides got
their backs up, and neither saw their real
position clearly. l suggested, IN one OF the
caucuses, that if the city would go on and
open the balance of Bull street from Ander-
son to Twelfth Ia considerable portion being
already openl, the she'll road question would
settle itself-since the opening OF the other
half or three-ffths Of Bull street alongside
of the shell road would thoroughly corral
that Objectionable obstacle to the growth of
the city and knock the bottom out OF the
immense valuation more recently put upon
this portion OF the shell road by its owners.
Indeed it has been serious
question in my mind whether, If the CITY
concluded to ave or she'll the eastern por-
ton Of Bull street. between Anderson street
and Twelfth street, 1t could not assess the
she'll road company for one-third of the
cost on the ground taken by the shell road
company itself, viz: That it has property
| right in the western portion, or the present
Vernon shell road. On the basis Of the
| more recent extravagaut claims of the shell
road company the city can finish opening
Bull street for less money and accomplish
far greater public work at the same time
Should the question come up as to real and
imaginary values of this half, or three
quarters of a mile Of the she'll road, am
willing to give review and dissection of
| the subject which will probably confound
some figures.
In the matter Of the trial of the cause I
should like to have seen the real constitu-
tional questions sifte1 on their merits. On
reference to the original map of Savannah
it will be found tuat "the continuation of
Bull street, or the White Bluff road" be-
came dedicated highway to every owner
Of land under and according to that plat.
Bull street, as SO dedicate ed, extended about
five miles south from the Savannah river.
lt was aad IL consequently pubic prop
ertyn beyond any possibility Of doubt. The
constitution provides how private property
may be taken for public USE but l have
never yet seen any clause of the con-
stitution which permits the taking of
public property for pirate uSe-even
though it be pretended to have been accom-
plshed by an act of the legislature-cer-
tainly not without the consent Of the own
ers of the lands embraced in the original
plat covering Savannah and some three or
four miles out; east west aud sou h. |
believe the original charter of the Vernon
Shell Road Company to be void for the con-
s,itutional reasons above mentioned, and
that Mr.. Saussy has been a very clever
plaintiffs attorney" in conining the case
to 1.-The law giving the charter and keep
ing out of the issue the constitutional ques-
tions IN which he might lose his case. he
has succeeded in gaining a delay, If not q
compromise. l.. A. FAGLIGANT.