The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-24
THE CHARTERS ATTACKED.
1 Sensational Suit Against Two Street
Railroads.

Ms Dieter Sues the Incorporators
If the Savannah and Isle of Hope
and the Electric q always to Secure
che Removal of Two Poles From Dis
,,,+ed Land on the Waters Road.
She Charges Through Her Attorneys
That the Charters Wers Unconsti-i
+ntionalIy Granted by the Legisla-
+,,re-The Point, if Sustained, Would
rnvalidate Several Hundr d Rail-
road Charters in This State.
Mrs. Josephine Dieter fled a suit
AGAINST the incorporators of the Savannah
and Isle of Hope railroad and the Electric
~siIvvav in the superior court yesterday
through her attorneys, Barrow & Osborne,
n compel these roads to remove two
miles used by them from lands claimed
bv the plaintiff on the Waters road.
The suit would be of but little interest
ifit we're not for the manner in which it
&c brought Instead of being brought di-
rectlv against the two corporations
named. it is against the incorporators of
these companies personally. The reason
alleged for this is that the granting of
the charters by the legislature wasun-
constitutional, because there was, at the
time the charters were granted, no gen
eral law to authorize the granting of
sDe .ial charters to such corporations.
TIE SAVANNAH AND ISLE OF HOPE.
The Savannah and Isle of Hope railroad,
which was incorporated in 1889, was
granted by the county commissioners
remission to run it's track along the
Waters road from Lovers lane TO Estili
avenue on condition that the company
should widen the road ten feet for that
distance A large portion of the lard
living along the road in this vicinity being
owned by the Merchants and Mechanics
Land company, which was largely inter-
esred in the railroad, there was no diff
fculty in securing the required width
fronting the lands of the company.
Dr. L. A. Falligant, from whom the
Merchants and Mechanics Land Com
pany purchased this land. had also sold
several lots adjoining to George Dieter,
the deceased husband of Mrs. Dieter In
the plats of the lands which he conveyed
TO the land company, DR.. Falhgant
showed where he had reserved a certain
space bordering the Waters road for pur-
poses as a public street He made this
same reservation in the deeds of all the
lots sold by him, including those to Mr..
Dieter. In consequence of this reserva-
ton Dr. talligant pointed out that the
stoops of certain houses built upon the
Dieter lots, and the porch of a store
which projects into the street. were en-
croachments and subject to removal
THE STREET DISTRACTIONS.
When the Savannah and Isle of Hope
railroad undertook TO widen the Waters
road, as required by their agreement with
the county, Mrs. Dieter placed a fence in
front OF two vacant lots belonging to her
husbands estate, and declined to permit
the road to be widened. Suit was brought
by the railroad company to compel the
removal of the distractions. DR. Ealli-
CANT testified in the trial of the case sub
stantally as stated above. The jury
brought in a mixed verdict, order
by Mrs Dieter, but stating
that it did not consider the stoops
OF the houses as distractions and conse-
quently did not require their removal.
The projecting porch of the store was al
lowed to remain on the ground that the
owner had acquired proscriptiye title
to it by reason of the length of time
which the encroachment had remained.
The latter portion of the verdict the rail
road company claimed TO be due to a mis-
understanding of the evidence and &C
cordingly appealed for new trial. The
appeal is now awaiting a hearing before
Judge Falligant.
THE OBJECTIONABLE POLES.
This is the history of the litigation up
10 the time of the fling of the suit by
Mrs Dieter yesterday. The Electric
railway, having leased the Savannah and
Isle Of Hope railroad, is thus involved in
the litigation. The two poles which Mrs
Dieter complains of are situated on the
strip OF land claimed to have been
reserved by DR.. Falligant for
Street purposes, which is now in
litigation. The directors of the two
street railway companies were very
much surprised Yesterday that such a
serious charge should have been made
In support of such a trivial suit Some
OF them declared that it was only a fake
suit brought to embarrass the Electric
railway as result of the fight now wag-
ing against the latter road.
SWEEPING CHARGE.
Should the sweeping charge of the bill
be sustained il would affect not only the
TWO roads whose charters are attacked,
out several hundred other similar corpo-
ratlons in the state The charter of the
savannah and Isle of Hope railroad was
OBTAINED in 1889, and similar charters
were granted by the legislature to 1902
o.her similar corporations. The charter
Of Jne Electric railway was obtained from
Ine legislature in 1891, and over fifty
aullar charters were granted by the same
legislature.
Messrs Barrow & Osborne are
.o5aIy OFF IN the point they make" said
dulrector of one of the roads involved,
or the lawyers who have so largely com
poseu the legislatures at which these
numerous charters were granted were all
lgloramuses, one or the other" III