The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-12
PUSHING THE LITIGATION.
TIE CTTTrS RIGHT To CONDEMN
PROPERTY FOR STREETS
QUESTIONED.

Argument on the Injunction Pro-
ccedings Begun before Judge
Faufgant-Mr. Erwin Holds That
the Law Under which the Prop
erty Of the savannah, Florida and
western Was Condemned for
OPENING the Streets l. Invalid, and
so Are the Proceedings Taken in
Accordance With 30.
The injunction suit of the Savannah,
Florida and Western Railroad Company
against the mayor and aldermen Of the
city of Savannah TO prevent the opening
az the streets In the southeastern section
Of the city. across the railroads tracks.
was taken up for argument before Judge
Falnsant Ia the superior court yesterday.
The city was represented by Mt. s. y.
Adams and the Savannah. Florida and
western by Nr r. c. Erwin vice presi-
dent and general counsel. and Mr.. ". L.
CLAY. also Of the firm OF Erwin, duBignon
& Chisholm. Alderman George a. Hud-
son. chairman Of the committee on OPEN
ing streets. was also present during the
argument
The court room was TOO chilly for the ar
gument to be carried ON there and it
was heard in Judge Falligants private
Office. Air. Clay opened for the railroad.
He was followed by MIR. Adams for the
city and the concluding argument was
mode by Mr. Erwin.
AR. Adams took the position that the
city had the right under its charter 10
proceed with the opening of the streets
in the manner prescribed in the acts of
thc legislature granting the charter It
was held that the law had been compiled
with and that an the notice required
under the law had been given the road.
ot the condemnation OF the property
for the purpose OF opening the streets
Mr. Erwin held that the provision in
TIE citys charter under which the proper
y was condemned was invalid for the
reason that It provided for no notice to the
property owners Of the proceedings I'M
IN Judgment 10y the board had been
reached The procedure consists i'm the
appointment Of five appraisers who in
this case were Messrs. j. +. Brooks, H.
=. Smart, Gratz Myers. W j. Lindsay
and J e. Rowland who appraise the value
Of the property to be taken at their con-
veniencet They are appointed by the
city and the property owner has no rep
resentation. Their judgment is final I'M
less appealed from, and the law makes
no provision for notice 10 the property
owner that they are to take action.
IN this case Mr. Erwin holds the road
had no notice whatever of the appoint
ment Of the appraisers and their meeting
10 determine upon the value of the prop
y 30 f4 No q T,ro crfr ha
IS certain the damages under the circum-
stances would not have been placed at so
low q sum as $1,000. He holds that 1t Is a
constitutional right Of a property owner
70 be notified Of any judicial proceeding
looking to the condemnation Of his prop
erty. to be notified beforehand of such n
proceeding. and on account of the fact
thatthe city's charter makes no provision
for giving the property owner any such
notice, he says, the law relative to such
condemnation Of property Is invalid and
void and that therefore this proceeding
under the law Is invalid.
Mr.. Erwin also held that while the city
charter made provision for the opening of
streets il does not give the city the specific
right to cross railroad track or to con
denim any land already dedicated to
another public use. Railroad companies.
he said, are quasi-publc corporations, and
their rights OF way are therefore dedica-
ted TO public uses.
Mr.. Erwin will conclude his argument
before Judge FalIigant this morning A
temporary restraining order is now in
force, and the present question is on the
granting of a temporary injunction re-
straining the city from proceeding further
in the matter of opening the streets until
II has been decided by jury and perhaps
the supreme court. In case the injunction
IS granted, the city could either go direct
at once TO a jury.
The general desire is 10 press the litiga-
ton to a conclusion as rapidly as possible
as the residents and property owners in
that section of the city are anxious to have
the streets opened.