The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-10
POLICE GUARDED THE TRACK.
THE CITY AND CITY AND SUBURBAN
RAILWAY AT WAR.


the work Well Under Way Before
1t Arrived-The Matter Before
the Council.
An attempt on the part of the City and
Suburban railway to remove its long side
track on Abercorn street, between Liberty
and South Broad streets. caused quite
little furry around the city exchange yes
terday afternoon and agitated the mayor
and aldermen no little.
Apparently the City and Suburban was
detected in an attempt to surreptitiously
remove its sidetrack under the cover OF
night in the face Of the refusal of council
TO grant permission for such removal.
When the council decided to pave this
portion OF Abercorn street with vitrihed
brick some time ago it was seen at once
that it would impose quite tax on the
City and Suburban on account of its
double tracks, the ordinance requiring the
railway company to pave between its
tracks and for a certain distance on each
side That the railway company should
not relish such an expense was no more
than natural. About three months ago
the matter came before council in the
shape of a communication from the com
missioner of public works, stating that
the City and Suburban railway desired TO
remove it's sidetrack on Abercorn street
and that plan had been prepared by the
city engineer at his request, showing the
condition of the street and the location Of
the new switch connection which the rail-
road desired to make. The council acted
upon this as a petition direct from the
railway company and regarding ii as an
attempt to escape the payment of the
paving assessment which its double track
would entail, sat down upon 1t very
promptly and in a most determined man
ner.
The railway company began work this
week raising its track on Abercorn street
to the required hight for the new pave
ment. Something inspired City Engineer
VIM to ride by and inspect this work
yesterday afternoon. He was accompanied
by Assistant City Engineer Hops Imme-
diately the engineers arrived upon the
scene they saw there was something in
the wind, or on the ground. They observ-
ed that the bolts had all been drawn from
the sidetrack and the angle plates remoy-
ed. In fact, all that remained to accom-
plish the removal of the sidetrack was to
throw off the rails and remove the string
ers on which they were placed. Overhead
at intervals Of forty to fifty feet incandes-
cent lights had been suspended from the
trolley wires, showing that it was in
tended to perform the work at night.
Col. VIM at once approached Superin-
tendent Lewis, who was directing the
work, and, ascertaining from him that it
was his intention to remove the sidetrack
inquired II he did not know that permits
sion for this work had been refused by
council. and that he was acting in con-
tempt of that body. Superintendent Lewis
g 91,
by council Seeing that 1t was his inten-
tion to ge ahead and remove the track Col
VIM at once telephoned Mayor. Myers of
what was being done. The mayor imme-
diately telephoned the police barracks and
instructed the chief to send a squad of
police there to prevent the removal OF the
track.
SUPERINTENDENT Lewis had not given the
grass any chance to grow and by the time
the squad arrived half dozen rails had
been torn up and removed from one side
of the track The squad of police put
stop to further operations. Superintend-
ent Lewis then notified President Johnston
and Director J. n. Hartman of what had
occurred. and the latter proceeded to in
terview the attorneys of the company.
Messrs. Barrow G. Osborne. In company
with Mr.. Osborne he called on the mayor.
After short conference Mayor Myers in
formed them that the matter would be re-
ferred TO the city attorney for his opinion.
Naturally the subject came up for dis
cussion at the caucus before the meeting
Of council last night. Mr.. Hartman had
stated that the City and Suburban Rail
way Company had never petitioned for
permission to remove the track and that
consequently the company was not in con-
tempt when it undertook to move the side
track Mayor Myers was positive that
such a petition had been presented and re-
- oil Nn oil de Thar
minds were all clear on this point, so they
thought because 1t was a matter of re-
cent occurrence.
Assistant Clerk Hernandez was called
upon for the record of this proceeding
and couldn't find any. There was no rec
ord of it in any of the petitions to council
during the last several months.
eral of the aldermen began to search
for il. They couldn't find it. The Morn
ing News files for the last several months
were hauled down and gone through with,
but still nothing was discovered. Inc al
dermen began to think that their minds
had played them some trick, and that pos
sibly it was all delusion about any such
matter having been before council. City
Engineer Winn made a search of his copy
book and there discovered a copy of the
Communication from Commissioner VIII
link to council on May q last, stating the
desire OF the City ana SubuIbdu 70 re-
move it's side track. 1t was this commu-
nication which was acted upon by council
and not a petition from the company as
had been supposed.
As Director Hartman disclaimed any
knowledge of or connection with the COM
munication, this put new face on the
matter and left the council in quandary
as to whether his company had really
been guilty of contempt, and If not,
whether 1t had violated any ordinance in
undertaking TO remove a side track. The
matter was referred TO the city attorney
with request that he give his opinion as
early as possible
81 was in New York." said Mr.. Harri-
man to a Morning News reporter, when
saw the announcement In the Morning
News that the council had refused the
request of the City and Suburban to be
allowed to remove its sidetrack on Aber-
corn street. This was news to me. had
never presented any such petition and 1
knew there was nobody in Savannah who
had authority TO present It. I investigated
and found that no such petition had been
presented. II we had presented a petition
for permission to remove the sidetrack,