The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-07-31
THE T0LL-GATE FIGHT.
THE GROUNDS FOR CARRYING IT
TO THE SUPREME COURT.

The Clty's Effort to Get Rid CT the OBJ
struction Within the Corporate Linn
its-The Line 1t Has Bsen Fighting
On Since the Case Went into the
Courts.
The attorneys representing the city are
preparing to take up the Vernon shell road
case to the coming term of the supreme
court, and they hope to have the court pass
upon the questions involved during tho lat
tar part of next October or the early part of
November.
The city has proceeded upon the theory
that the extension Of the city limits by the
act of 1888 made the White Bluff road
public street and rendered unlawful the
maintenance of a toll-road within the city
limits. 1t did not proceed TO have apDrais-
ers appointed, as is done when private prop
erty is taken for street or other public
purposes, because its position was that
under the charter OF the shell road company
it had no property within the city limits to
condemn. The appointment Of appraisers
would have been an admission that com
pensation was necessary.
THE CITY's CLAIMS.
The CITY contends that the charter con-
templates that the toll-rJad can only %
maintained from the city n W mite biuli,
and that now there being toll-road from
q point considerably within the city, the
conoanv is not within the terms OF It's char
rcr. Under a resolution, it directed the city
llarshal to remove the fences within the
city limits upon the idea that they constl-
tuted a nuisance. In the answer to the pc
titiOn filed by the shell road company for an
the CifV Olalma1
also that the dollhouse should be removed
TO point outside of the present city limits.
The supreme court will be called upon ~
say whether the company owns the ROAD
within the city limits, and whether II has
any franchise or property In this portion OF
the road which Ii is necessary for the CITY
to condemn. The further question will be
made as TO the right Of the shell road COM
pany to obstruot interesting streets by
fences The CITY claims that If the toll
house cannot be removed and If the toll
road can be maintained within tho city
limits, the charter Of the company was &C
cepted from the legislature subject TO the
paramount right OF the public 10 lay streets
across the rOadbed, when these streets were
required by the public necessity, without
compensation TO the company, and the SUI
preme court will be called upon to determine
tnis question.
THE COMPANY DOES NOT DENY.
Tie shell road company does not deny
that the city can take charge Of the road
itnin the city limits, and can cause the
removal Of the toll gate and OF the fences.
Udt insists that before this can be done, APP
pratsers must be appointed 70 estimate their
damage, aud the damage must first be paid.
1t claims 10 own this part Of the road and
that, If this claim be not sustainAble, It has
such a property in it in the shape Of its
franchises and easements, as the constitu
tion of the state protects against the taking
or damaging by the public unless just COM
pensation be first paid.
The decision OF the supreme court will
define the rights of the company, whether it
owns the soil or only a franchise. and also
whether 10 can maintain Its fences 80 as TO
obstruct the streets running east aud west
within the city limits. The decision will be
guide to the appraisers in estimating the
amount to be paid TO the company shout d |
the court hold that anything must be paid.
ANOTHER ISSUE.
Outside OF the question whether any COM
pensation must be first paid, the city and
the shell road company do not agree as to
the extent of the shell road company's
rights, and this issue would doubtless lind
its way to the supreme oonrt anyhow. The |
purpose now of the city is to have all these |
issues determined as soon as possible, and, |
if appraisers have to be appointed, they !
VIII De appointed at once ana De called |
upon TO estimate the damage in accordance
with the decision.
The removal OF the toll-gste and of the
fences is, therefore, only aquestion of time.
The city realizes that this must be done,
and it will do 80 just as soon as it can
properly. The municipal authorities did
not feel justified in expanding the money of
the city when they we're not prepared TO
hold that they were legally bound TO pay |
the claim of the shell road company as any |
part of this claim