The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-03-08
WAR OVER THE WIRES.
NO ELECTRICITY ON TIE BARNARD
STREET CAR LINE YET.

manent Iniunction-A Fight as TO
Who Shall Change the Wires.
The hearing Of the argument IN the In
junction case Of the Southern Bell Tele-
phone and Telegraph Company against the
Savannah Street. aud Rural Resort Rail-
road Company attracted quito a crowd Of
spectators to the superior court yesterday.
AS soon as court convened and the case
was called Hon. T. G. duBignon, counsel
for the telephone company, requested that
a rule FOR contempt be issued against the
representatives of the Belt Line for falling
to obey the temporary restraining order
of the court issued on Wednesday.
Lawton & Cunningham, attorneys for
the railroad, were rather surprised at this
| move on the part Of the telephone people,
and demanded that Mr.. duBignon put In
! contempt proceedings and that they be
giysn time to file an answer.
Mr.. dubiguon complied with the request,
| and Judge Falligant Issued an order to the
Belt representatives to show cause by
o'clock why they should not he held IN con-
tempt of court. At that hour Lawton g.
Cunningham came 10 with a general denial
on behalf of the railroad people Of any
| attempt to disobey ths mandates Of the
court, or to place themselves Ia contempt,
| and read several affidavits in support of the
denial. After listening to both sides, Judge
| Falligant reserved his decision aud ordered
the injunction question taken up.
THE STRENGTH OF ELECTRICITY.
A r. Lawton, Jr., ESQ.,. did not deny
that tue electric current OF the railroad was
sufficient to destroy the telephone wires,
but he denied that there was danger of
| fatality to subscribers from the use Of
1 tnhDnRg mr. If
both wires. He read q number of affidavits
| from electrical experts sho wing that 1t has
been the custom in other cities for the tele-
phone companies to remove their wires q
| sufficient distance TO prevent communica-
| ton between the two currents, aud that in
their experience they never knew OF q case
| of person being killed by the current used
4 by electric railways
Mr.. duBignon interrupted Mr.. Iawton at
that point, and asked, with smile, IL the
| current was ever known to have hurt a
person. Mr.. Lawton replied that it had,
and finally 1t was brought out that the our
rent had killed horses and other animals.
| The railroad attorney commended that the
| Belt Line had erected its wires at the hight
prescribed by the ordinances OF the city,
and IL the telephone company was inter-
| fered with it was its duty to raise its wires
I to prevent such interference.
Mr. duBignon replied that the entire
| question hinged on that point. The tele-
| phone company is willing, he said, to raise
its wires, provided the railroad will fur ish
the necessary poles.
ARGUMENT OF THE CASE.
| Capt. Cunningham made the speech IN
behalf of the Belt Line. In opening he asked
Mr.. duBignon IL he was TO understand that
his contention was TO be that because the
/ telephone wires had been erected previous to
the railroad wires that other corporations
were to have no rights.
Mr.. duBignon replied that the whole
/ matter would be narrowed down to the
| question as 70 who is TO bear the expense
Of moving the telephone wires.
Capt. cunningham said that under Mr..
| duBignon's answer there were no grounds
whatever for an injunction. The question
simply narrowed itself down to matter of
damages, aud there was no equity whatever
| in the case. II the telephone company SO
desired it had right to sue the Belt Line
people for damages. He claimed that the
telephone company had hitherto moved Its
| wires Voluntarily and without question
wherever there was danger Of contact with
| electric light wires, and In doing 50 bad &C.
knowledged its responsibility in the
matter, and it was also its
| duty to raise the wires
on Barnard street. Capt. Cunningham in
sisted that the telephone company should
not be granted an injunction as the Belt
Line had made a full and satisfactory
answer to all the charges in the bill. In
support of his position he read numerous
authorities, and called the courts attention
TO Che decision of Judge Brown in the case
Of the telephone company Of Nashville
against the electrical railroads of that city,
which, he said, was almost identical with
the issue here. In that case tho court de.
cided 10 favor Of the railroads and com
PEELED the telephone company to remove it,
wires.
THE CITY's GRANT.
Capt. Cunningham read the ordinance
passed by council allowing the use of cleo
trical power for street railroads, and stipu
lating that the hight of the wires should b,
nineteen feet from the surface Of the ground
The Belt Line. he said. had complied with
that provision to the letter, and he thought
it an unreasonable proposition to want tx
stop the operations of the road simply be
cause the telephone wires happened to come
in contact, and we're not compelled to b.
strung at stipulated hight by the city or
dinances.
A. r. Lawton, Jr., Esq.,, followed Capt
Cunningham In a brief argument. While
he admitted that the current of electricity
used by the Belt Limo was amply sufficien
to and would burn out the telephone wire
wherever they came in contact, he con
|
entirely in the hands of the telephone COM
pany. If the Belt Line people attempted
to move the wires they would commit
trespass. He appealed to the court not Il
prevent a railroad from operating its lin
just simply because the telephone COMPANY
did not feel disposed to move its wires
THE TELEPHONE CoMPANY's CLAIM.
Ii was after o'clock when Mr.. duBignol
began his argument. He said that the Bel
Line had practically admitted its response
bility in the matter of moving the wire
when it originally furnished the telephon
people with poles He admitted that tn
city ordinance, in its first section, stipulate
that the hight of the electric railroad wire
should be 10 feet, but he called the court
particular attention TO the fourth section O
/ the ordinance, which specifically state
| that the railroad wires should not interior
} with those of the telephone company.
IF you refuse this injunction" said Mr.
duBignon, ''thiS telephone company will be
turned out of court empty handed, aud tn
Belt Line superintendent can go down TO
street corner, aud, with a word or two +
one of his employees, have the terrible de
! structive force of the company's electri
! current turned on, and in an instant tn
telephone wires will be cut off, in the Ian
guage Of the bill, dong almost irreparabI
damage
This brought Capt. Cunningham to hi
feet with a reply that the counsel wa
wrong in his statement, as there was n