The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-05
FOUR ROADS FROM MACON.
EFFORTS OF THE MACON q DUBLIN
10 GET ITS LINE THROUGH.

[ The Owners OF the Coveted Right
Of-Way Say the United States
Court Has no Jurisdiction in the
Matter OF Its Condemnation aS
There Is no Diversity OF Citizen
shfp-The Case TO Come Up Here
Before Judge speer-The Macon
and Dublin Wants to Combine
with the Atlantic short Line, Hut
Has rs Yet Made no Accepta BILE
Proposition.
The answer Of Mr.. B. A. Denmark. the
Savannah and Western railroad and its
receivers 70 the petition Of the Macon
and Dublin railroad asking the condernna-
ton Of a certain right Of way owned by
the Central railroad. was filed in the
United States court yesterday.
About two weeks ago the Macon and
Dublin railroad fled petition in the
United States court at Macon stating
that it desired to secure certain right Of
way formerly owned by the Savannah.
Dublin and Western Short line, which
has already been graded from a point on
the Little Ogeechee westward for a dis
lance Of about thirty-five miles.
This right Of way was procured under
charter granted in 1855, and the road
contemplated was to run from Savannah
to Americas via Dublin. After the thirty
Eve miles were graded the property went
into the hands Of a receiver. and at the
sale under a decree from the superior
court Of Chatham county, it was bought
In by Mr.. B. A. Denmark. representing,
it Is stated. the Savannah and Western
railroad.
the Macon and Dublin railroad, which
now runs from Macon to Dublin, and is
contemplating building TO Savannah, de-
sire5 10 secure this right OF way and
applied 70 the United States court for in
Junction and the power to have It con-
demned for its use, II agreeing to pay a
fair value to the Central for the property.
It's contention Is that the right Of way
is owned by the Central railroad which
IS a competing line, and this is Illegal un-
der the state constitution Of 1877. 1t con-
tends also that the Central has never
intended 10 make any use of the property,
but merely secured It TO prevent as far
as possible the construction Of a compel
ing line.
In their answer, Mr.. b. A. Denmark,
the Savannah and Western and its re-
ceivers state that the United States court
has no jurisdiction of the case by reason
OF the fact that the requisite diversity
of citizenship does not exist All of the
parties mentioned, it is stated, are citi-
zens of Georgia, and this court cannot,
therefore, take cogniZance of the petit
ton.
The next and last paragraph of the an
swer states that no cause for the inter-
vention Of the court or for the relief
HHasI 60 fa
ution OF the complainant, and 1t appears
on the face Of the bill that he is not en-
titled to the remedies asked for against
the defendants.
This case was assigned for Feb. 4, but
the court did not meet yesterday, and it
viii probably be brought up this morning
when the court cOnVenes. The Macon and
Dublin railroad, it seems, is desirous Of
extending its line into Savannah and 1t
wants to get here as easy as possible, and
with the least expense. OF course. If II
has any chance to secure a portion of
its line already graded and practically
ready for the laying of the rails the ex-
pense would be reduced by a considera-
BILE amount.
1t is understood that this line has re-
Gently been endeavoring a second time
to come to terms with the Atlantic Short
Line which is now in process Of construc-
ton from Macon to Savannah, and thirty
ei8Al miles OF Wnich between BrutOn and
Sullmore has already been built. In this
movement, however, they were unsuc-
cessful as they have been on former oc-
casions.
The Idea of having three direct lines of
railroad. and practically four with the
East Tennessee and Florida Central and
Peninsular between Macon and Savan-
nah, is something that is not relshed by
any of the roads concerned, and it may
be that the two lines now building will
ultimately come to some satisfactory
terms which will reduce the number to
three. Both the Macon and Dublin and
the Atlantic Short Lie, is seems. are
backed by plenty of money and neither is
going to accept proposition unless the
basis is a fair and equitably one for both.
The Macon and Dublin, it seems, has been
making all the propositions for a combi-
nation but so far none of them have been
acceptable to the other road. 1t remains
to be seen what will be the outcome of
the situation and the attempts of the
Macon and Dublin to get a right of way in
to Savannah. In the meantime the At
lantic Short Line has its right of way for
almost the entire distance between Macon
and Savannah, and is pushing along
slowly but surely in this direction.