The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-06
TOO LATE TO RECONSIDER.
STREET RAILWAYS CONTRACT
WITH THE CITY STANDS.

Council That IL Has Entered INTO
an Agreement From which II
Cannot Recede-A BeIated Attempt
to Reconsider Falls Flat - Two
Meetings of Council With the Re-
suit That An Ordinance Regulat-
ing the Operation OF street Rail-
ways Is Introduced.
The city's contract with the street rail-
wav company stands. The agreement
having been formally adopted by council
and formally accepted in writing by the
authorized representatives of the street
railway company, the city is powerless
TO alter it In any way. This is the situa-
ton in a nutshell.
When the aldermen woke up to the
amount of feeling among the people in OPP
position to the street railway deal some
of them realized that council had been TOO
hasty and we're DESTROYS Of a reconsidera-
ton In order that more time might be
taken to consider such an important mat
Ter With this idea in view a request for
a meeting of council was signed by Alder
man Guckenhelmer, we'll and Wylly and
delivered to Acting Mayor Hamilton
Council being under recess the meeting
could be called as an adjournment OF the
meeting of Nov. 8. The request was
promptly acceded to by Alderman Haml-
ton and the meeting was called at Il
O'Clock. All of the members in the city
we're present with the exception of AL
derman Smith.
There was a very brief meeting. Alder
men Guckenheimer and We'll stated that
they wished to know what council could
do about the agreement between the city
and the railway company. They thought
the matter had been hastily passed upon
and that 1t would be well to give it further
consideration If this could be done. AL
derman Well was one of those who voted
for the adoption of the report of the street
and lane committee Wednesday night. He
had seen the matter in a different light,
however, and wanted time for further
consideration.
The opinion Of the city attorney was ask
ed whether council had the right TO take
further action. He replied that he preferred
not to render an opinion without knowing
exactly what council wished to do.
Alderman Davis opened a discussion,
holding that under the rules there could
be no reconsideration. He declared with
some warmth that there had been no hasty
action. The street and lane committee had
given the matter full consideration, he
said. and the aldermen who were present
at the meeting when the report was passed
upon had full opportunity to know what
was in it. He charged the Morning news
with causing the dissatisfaction with the
report. but was cut off at this point by
Chairman Hamilton, who told him that
there was no question under consideration
and that he was out Of order.
After some discussion 1t was decided that
council should go into caucus, and that
the meeting adjourn until O'Clock at
night.
The opinion of the city attorney deliver
ed to council in caucus was that it having
received the report OF the committee upon
streets and lanes, including an agreement
with the street railway company, and this
report having been adopted and the proyis-
ions OF the agreement having been ac-
cepted by the street railway company as
provided in the report of the committee,
the contract was binding upon the city and
could not be reconsidered.
This put an end necessarily to all talk
of reconsideration. City Attorney Adams,
when seen by a Morning News reporter,
stated that his opinion was as reported
above He was asked whether the section
of the agreement with regard to Price
street, of which there has been so much
unfavorable criticism, was legally binding
upon the city, and replied that he did not
think such to be the case.
II do not think the section binding coun-
ell to require a payment of a certain
amount OF money from any company de-
string to use Price street and to pay this
amount over to the Savannah, Thunder
bolt and Isle of Hope railway is of any
legal effect" said Mr.. Adams. "Of course
the present council is not likely to violate
its agreement with the railway company.
AS TO whether 1t would be good faith for
any succeeding council to do so is a ques-
tion that will have to be passed upon
whenever 1t comes up"
Alderman Wylly announced at the morn
ing caucus that he would introduce an or
dinance at the night session, providing
certain regulations touching the opera
ton of street railway companies in the
city and including such requirements as
might appear desirable.
Alderman WHY'S ordinance, together
with other matters, was discussed at the
night. Mr.. j. ". Hartman of the railway
company was in the exchange and was
consulted by Alderman Wylly as to some
of the provisions of the ordinance. Upon
Mr.. Harriman's statement that a large
amount OF 50-pound 7 rail had already
been purchased by the company, a part
being already on the ground, Alderman
Wyly changed the portion of his ordi-
nance relating to the weight of rail requir-
ed from 60 pounds TO so pounds.
When the council convened in open ses-
sion Alderman WHY'S ordinance was
placed upon its first reading and went over
until the next meeting for further consid-
Grafton. There was no discussion, and
nothing was said about the street railway
agreement. The ordinance Is as follows:
Section l. Be IL ordained by the mayor
and aldermen of the city of Savannah, in
council assembled. That hereafter ii shall
not be lawful for any street car company
TO lay or construct any tracks for use
In the city of Savannah with rails weigh.
ing less than fifty pounds. and when
ever an old track, or any part thereof, is
relayed, this provision as 10 the weight
of rails shall apply. Whenever any fiat
iron rails now in use shall be discontln-
ued or taken up for repairs or otherwise
they shall be replaced with rails weighing
not less than fifty pounds.
Sec. 3. Be 1t further ordained That here.
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