The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-09-02
THE WIRE IS UP AGAIN.
JUDGE FALLIG ANT GRANTS CAPT.
JOHNSTON AN INJUNCTION.


II Is Only Temporary, and the
Troubles Between the Two Compa-
MES VIII Be Rehearsed in Court on
| Monday - The Judge Views the
Scene OF Wednesdays Wire-cutting
Episode in Order to Pass This Morn
ing Upon President Collins Appeal
for a Cross Iniunction-Telk of Suits
and Couatersuius.
The Electric railway aud the Coast Line
railway carried their fight into the courts
yesterday. and the prospect is that there will
be an interminable legal warfare between
the two roads.
President Collins and Supt Mcfarland
gave bond before Justice Naughtin yester-
day to keep the peace toward President
Johnston. The charge of malicious mischief
for cutting the wires of the Coast Line rail
way was turned over to the city court grand
jury.
President Collins said that he would re-
quest immediate investigation of the charge
by the grand jury. and il acquitted of the
charge he would prosecute President John
ston for malicious prosecution.
Both roads went before the superior court
yesterday morning asking for injunotions.
President Johnston requested an injunction
enjoining the Electric railway line from
damaging the property of the Coast Line or
Interfering with tde prosecution Of the work
upon that line.
President Collins asked for an injunction
to prevent the Coast Line from running its
wire across the wires of his line, and 60 COM
pei them TO take up the poles which had
been placed upon the land belonging to his
road.
Judge Falligans granted President john
ston temporary injunction as sought for,
and set the hearing upon the question of a
permanent injunction for Monday morning.
Judge Falligant declined to issue the in
junction requested by President Collins
until be could view the scene Of the conten-
tion himself and form an opinion as to the
merits of the case.
THE JUDGE ON THE SPOT.
For this purpose Judge Falligaut went
out to Thunderbolt yesterday afternoon to
to take in the situation. Having secured an
injunction against interference by Presi-
dent Collins President Johnston put his line
force 20 work yesterday afternoon and put
up the wire which was twice cut by PreSi-
dent Collins orders the day before Instead
of placing the wire over the wires OF the
Electric railway line, however, as was the
case Wednesday, it was placed under
the wires. This will prove of very
little benefit to this Coast Line, as
IL will be impossible to operate the road by
electricity with the wire 10 its present posi-
ton. The moment it is showed up by a
trolley it will come in contact with the
Electric railway wires aid the electric
current will do all the damage pointed out
in bis petition by President Collins II
President Collins does not succeed in getting
the injunction desired from the superior
court, he will probably @ FRY the case to the
supreme court. II the superior court does
not enable President Johnston to get past
the Electric line he will doubtless
follow suit and also go to the supreme court.
In the meanwhile the Coast Line will not
be operated to Thunderbolt by electricity
until the question of the right Of way is
settled.
TALKS OF SUING NOW.
President Johnston said last night that he
would sue the Electric Railway Company
for damages for every day that he is de-
taiped from operating the Coast Line by
electricity. President Johnston said that
he did not begin the fight, and that he had
nothing to do with preventing the Electric
railway from going down the front of the
bluff at Thunderholt. Now that the fight
had been begun, he said he wouldn't be the
first man TO cry quits.
President Johnston claimed that it was his
right of way that had been transgressed
upon by the Electric railway line when it
stretched its wires across the Coast Line
track.
President Collins said yesterday that the
Coast Line was operating only as a steam
route when the Electric railway ran its
wires across. and so had no right TO object
He added that the Coast Line railway had
no right of way down the Thunderbolt
street, and had never received permission to
lay its track there. Suits are now pending
for damages. he said, on this very account.
President Collins said that he had been
willing from the drst and was still willing
to settle the matter out Of the courts by
any amioable adjustment. He is yet will
ing to make concessions IN exchange for
other concessions an the part OF the Coast
Line.
The hearing Of President Collins applica-
ton for injunction will come up before
Judge FRlligant this morning.
w. w. Mackall, Esq, represents the Flee
trio Railway Company, and T. s. Morgan
Jr., ESQ, the Coast Line.