The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-09
SUBURBAN & WEST END WON.
COUNCIL REsCISDED THE REVOCA-
TION OF ITS GRANT.

City Attorney Adams Advised the
Aldermen That They Had Made "A
Mistake In RevOking the Grant TO
the Railway of Its Route From
West Broad street 10 the Market.
The city council met yesterday afternoon
and rescinded the action OF the meeting
Friday night revoking the grant to the
Suburban and West End railway Of route
to the market by way of ST. Julian and
West Broad streets. The action was TAX
en- upon the advice Of City Attorney Ad-
ans, who informed council that its action
In reyoking the grant was mistake. The
meeting was called at Mr.. Adams request
that he might give council the benefit of
his advice in the matter
There were eleven members present at
the meeting. The absentees were
Mayor Meldrim and Alderman
Hull. The meeting was called TO
order by Acting Mayor Hamilton, who
stated its purpose and called upon Mr.. Ad-
ans to state his opinion. Mr.. Adams said
that the council had made mistake in
attempting to take away from the SubuF-
ban and West End Railway Company the
permission to come TO the market, the
grant having been accepted by the com
pany and a part performance Of the con-
tract having been entered upon. he re-
cited the previous action of council in this
matter, giving the company the right TO
come to the market on West Broad ana
St. Julian streets.
Mr. Adams said that he had an
vestigated the matter and found
that the company had entered into con-
tract with r. w Dotson in September,
before any intimation had been given by
council of its intention to revoke the grant.
The company had also made trust deed
as security for an issue of bonds, and this
deed had been filed with the clerk of the
court Sept. Is In the deed the rights and
franchises granted by the city had been
mortgaged. The result was, Mr.. Adams
said, that he had come to the conclusion
that, under the facts as stated of certain
part performance of contract on the part
of the company, council could not exclude
1t from coming to the market. 1t was too
late now, he said. to revoke the grant.
Alderman Davis made the point that
Messrs. Paulsen and Lazaron had agreed
10 go into a conference with the street
and lane committee, looking to an annie
able arrangement as to the right of way,
and that the resolution provided that the
track was to be laid under the supervision
city engineer. No agreement had been
reached. he said. and the company had
been given no route for its line.
Mr. Adams replied that under the cir
chmstances the city was bound to define
the route. There is no doubt of the law
he said. If council, without entering into
a written agreement, should pass a reso-
tuition to the same effect it would have
the right TO rescind it, unless there had
been such performance on the part of the
party of the other part as would make 1t
a fraud upon the second party unless the
contract should be carried out. The exc
cution of the trust deed by the company
is very important In this consideration,
he said. The company is undoubtedly en-
titled to get to the market on st. Julian
street.
Alderman Davis said that the company
had been offered a route on st. Julian
street as near the market as 1t was prae-
ticable for 1t to go, that is, within about
400 feet
A resolution, prepared by Mr.. Adams,
resembling the resolution adopted Nov. 8,
and allowing the railway company to pro-
coed under the original resolution under
the supervision of the street and lane COM
nnittee and the city engineer, was intro
duced. This resolution was discussed at
some length the point being made by AL
derman Owens that the company could
not run its track on ST Julian street
without interfering with the drinking
fountain at ST. Julian and West Broad
streets and the tower in Franklin square
To go on either side of the water tower
would be dangerous, he said, on account
of the proximity of the track to the side
walk He wanted to know If the counci
could require the railway company tC
bear the expense Of moving the water tow
er and the fountain.
Mr.. Adams replied that he did not think
st could make any unreasonable require
ment of the company which would in
volve large expense. To require the re
rnovaI of the water tower might be an un
reasonable exaction, he thought. Thes'
things, Mr. Adams said, should have beer
considered before. If the laying of thu
track should make a change in the side
walk necessary, this could be done at th'
expense of the railway company. Othel
objections being raised as to the difficulty
of giving the railway company route
through the square, Mr.. Adams said tina
council should proceed as If IL regarded
the original resolution with favor, and al
If it were the desire Of council to get thu
railway to the market
There was some further discussion, bu
the resolution was adopted by council b,
q vote of to 2, Aldermen Davis ant
Smith voting in the negative.
WILL CAUCUS JUST THE SAME.