The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-08
MUST REMOVE The GATE.
IF THE SHELL ROAD co. DOES NOT
THE CITY MARSHAL WILL.

THE CITY MARSHAL WILL.
The Mayor Waiting for n Copy of the
supreme Court Decision Before
Taking Any StepS-The Company
VIII Then he Notified to Take
Down The gate or II VIII Be Torn
Down as an Obstruction.
The decision Of the supreme court in
the case OF the Vernon Shell Road Com
paay versus the mayor and aldermen.
aihrniag the decision OF the lower court
10 favor Of the latter. gives general sat
istact.on- The decision is final and the
city wI now go ahead and proceed TO
open up Bull street south 60 Twelfth
street. As soon rs o COPY OF the de-
cision is received by the city attorney he
viii notify The president Of the shell road
company to remove its gates and fences
from the city limits. Ii the notification
is not promptly complied with the city
marshal VIII be Instructed to remove the
distractions.
The work Of opening mp and improving
Bull street south to the city limits will
begin as soon as the legal formanties have
been complied with. Alderman Gleason.
chairman OF the street and lane commit
tee, expressed his satisfaction Yesterday
at the decision. My idea he said. lis
TO shell New Houston street between
Drayton and Whitaker streets. II not its
entire length, thus connecting the two
paved streets with Bull street, which Is
already shelled south 70 the tollgate. The
road south TO Twelfth street is practically
q shelled street This viii give the fire
department easy access to the southern
part Of the city. and by Smelling one cross
street south of Twelfth. the department
will be enabled to cover that section with
ease"
The toll road IS about forty-dve feet In
width. The city has already acquired
strip 10 the east of the road Of the width
OF th.riy-ive feet. The idea is to make
Bun street about the same width from
Anderson street south, as Barnard street.
The decision OF the supreme court Is
plain ana decisive and aflirms that of the
lower court i'm full. II reads as follows.
Vernon Shell Road Company VS.. Mayor
etc, OF Savannah
J. An act of the legislature incorporating
q company to construct and maintain
turnpike road ito be constructed and laid
ON and over the bed" of certain desig-
mated public road then existing did not
although II provided that "all rights in
the property acquired by the company
TN the said road when completed shall Zoe
vested In the stocl1hold their heirs. le-
sal representatives or assigns. forever
ana I'm proportion to their respective
shares pass title In fee TO the land upon
which the road was constructed but con.
ferred only and easement In the mainte-
nance. use gud enjoyment OF the turnpike
road when completed in accordance viii
the terms of the charter. Consequently
els. 81.
limits OF city, portion Of the turnpilt,
road WAS appropriated to the public use
as a street, or its use and enjoyment by
the company as a part of its turnpike roaC
was otherwise rendered valueless, tho
compensation 10 be paid to the company
should be estimated, not with reference tC
the value of the land i'm fee. but with ref
erence TO the injury done to the companys
easement therein.
2. The value OF the stock Of a corpora
ton and the amount at which its property
is returned for taxation. though not con
elusive, is competent evidence bearing
upon the value Of the property owned by
the corporation.
g. The charge Of the court as "a whole
was clear and accurate and properly sub
mitted TO the jury the issues involved, tho
requests to charge so far as legal anc
pertinent, were covered by the charg,
given: the evidence warranted the verdict
and there was no error IN denying new
trial.
The contest between the city and IN,
shell road company has been long
one and was conducted on the part Of the
city by Mr.. S. b. Adams, city attorney.
to whose able and untirng efforts the
credit of the result Is largely due. The
city was willing to adjust the matter
with Mr.. d. y. Lester, president Of the
company, on an ECU table basis, and made
efforts TO do SO. The price demandcd
by the latter as the condition of the re-
moval of the toll gates to the new city
limits was $4,000, which was considered
unreasonable Mr. Adams advised coun-
ell that 1t was not certain that the city
could be compelled to pay anything to
obtain its object and the fight was frs
belun on this line. 1t was fought 10 the
supreme court which decided that the
shell road company was entitled to com
pensation for the loss incurred by reason
of giving up the use Of the portion of its
road inside the city. The CITY, as stated
i'm the Morning News, then appointed
Joseph D. Weed. John Flannery J. J.
Dale. E A. We'll and S. Krouskoff to
appraise the loss of the shell road com
panv by the removal of its gates TO the
CITY limits. The appraisers fixed the loss
at 5000 which appraisement was APP
pealed against by the company The
Jury decided in favor of the city, but in
creased the amount TO be paid by the city
to $500 The company appealed to the
supreme court.