The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-12
RUssELHs CLAIM CONSIDERED.
Finance Committee of Council Look
ing Into 1t.


Mr. Waring Russell has petitoned the
city to reimburse him for property turned
over to it about twenty years ago in the
vicinity of Abercorn and Bolton streets.
The matter is in the hands Of " finance
committee Of Council. and was discussed
at a meeting yesterday afternoon, but no
action was taken
The alleged debt is apparently one of
those that bob up unexpectedly. The facts
have been known to the finance committee
some time, as numerous efforts have been
unsuccessfully made 70 decide whether the
city should pay for the land, and what the
condition should be in view Of the fact
that the agreement does not stipulate
consideration. While the matter is in the
courts, the object now seems to b. 10 reach
some sort of understanding as TO the ques-
tons involved.
During Col screven's administration
property was wanted for opening streets.
BY a somewhat unusual proceeding enough
land to open the way through several
blocks was granted by Mr. Russell, Ihe
city agreeing at the time to reimburse him
at any time in the future he saw fit to
demand payment. 1t is said no claim was
made, and, in fact, there was no under
standing as to the amount to be paid.
Mr.. Russell apparently looked on the city
as a good debtor, and allowed his rights to
slumber score of years, not bringing the
claim up until recently The matter then
got in the Superior Court, where suit was
commenced to recover the amount, but
was demurred to by City Attorney Ad-
ans
There seems to be a barrier in the stat
ute of limitations While this action is
pending it appears Mr.. Russell petitioned
Council to take the matter up and agree
on reasonable compensation, and 1t was
referred to the finance committee A
lengthy discussion did not bring the com
mittee to any understanding, however, as
there are a number of questions which
leave it in doubt as to the proper course 10
pursue. The committee is not satlshed
in the first place, that 1t has any fiSht 10
draw a distinction between legal ana moral
obligations, which will be necessary 70
settle the question 1t is admitted by some
that Mr.. Russell has a moral but not
legal claim, while others hold 1T has peen
neglected so long that even the moral
right is gone.
Mr. Russell. and his counsel, Hon. f. o.
duBignon, viii appear before the commit
tee Thursday in an effort to bring about
amount is expected, but it is stated that
Mr.. Russell casually remarked to one Oh
the committee thai he would be reasonable
in his demands, and believed 5000 Wouid
not DE a large considera lion. While the
land has increased very materially IN
value since the city got It, stili the claim
now would be based on The price of real
estate prevailing at that time The long
delay may cause the city to place much
less value on the land than Mr.. Russell 5
own estimate, however even though ii be
decided to acknow ledge the debt
For my part, l am perfectly willing the
city should pay what is right, SAID one
of the finance committee. "NOtwithstand-
Ing the matter has been neglected so long,
I do not favor pleading the statute of limi-
| tation to avoid paying an honest debt.
From The agreement Mr.. Russell produces,
| it seems there was bona fde promise by
| the city to pay for the property on de-
mand The agreement is vague and in
| definite, however, as it Is silent about
what should be paid, and is otherwise
shaped so as to leave the transaction in
considerable uncertainty. The committee
! is in doubt as to whether it should act
one way or the other, and is sure to look
| closely into theeclaim before making any
| recommendations"
Thcre were one or two small matters
! considered, besides Mr. RusselIs petition
! They were in regard to the payment OF
! certain taxes over which there was some
dispute, but not being questions for the
! committee, they We're referred to the tar
| assessors.