The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-06
MAY HAVE TO FACE ARREST.
LAWYER BELIEVES CENTRAISS
AGENT GUILTY OF MIsDEMEANOR.

~ Ahead In the Case of c. H. Dixon
and Co.'S. FOur Cars of COaI-How
the City Gave Away the Spur Track
1t Built to the Water Works, as
MIR. saussy Claims without COnsid-
eratiOn-Suit May Follow to De-
clare the Contract a NuIIity-GOes
to the Railroad Commission
Out Of the Central Railroads levying on
four cars of coal, consigned to c. II. Dixon
& Co., an account of which, with the sub
sequent proceedings, has been published
in the Morning News, there may grow
other and decidedly interesting litigation,
if the contentious of ]. r. saussy, Jr.,
Esq. who is looking after the interests of
the coal firm, are well based.
Mr.. Saussy has carried the case before
the Georgia Railroad Commission, and is
now considering the advisability of issu-
ing warrant against Agent Irrelevant of
the Central for demanding and seeking to
collect charges in excess of those allowed
under the laws of Georgia. This, he says,
is a misdemeanor, and he is strongly in
clined to take this step in order to force
the matter TO a head. Mr.. Saussy stated
yesterday afternoon that he had not final
ly decided, but it would not be surprising
if he adopted this course in the end
There is another feature of the case
though, and one which will doubtless in
any other. Mr.. Saussy who has been at
work for some time preparing a brief for
the Railroad Commission, claims that the
contract made a few months ago whereby
the city gave the Central Railroad the
spur to the water works, with sufficient
ground to make the road bed solid at any
time it might desire, can be made null and
void by citizens going into court on the
ground that there was lack of consider
alton and no good and valid contract ex-
lists.
The circumstances surrounding the build
ing of the spur track from the Centrars
main line to the water works and its SUBJ
sequent transfer to the Central are known
10 but few. Mr.. Saussy states that the
spur was built by the city at the time the
new water works were under construction
1t was seen that the expense of hauling
the material, including the machinery to
the site would be very heavy, and thai
ing of fuel would be at an enormous cost
1t was accordingly decided TO put in a spur
track to connect with the Central. This
was done at an expense 10 the city APP
preaching $1,000. The trestlng for some
part of the half mile was very heavy and
expensive. The Central, 1t is understood,
furnished some Old rails for the track,
which have since been replaced with new
and heavy rails by the Florida, Central
and Peninsular. A contract was prepared
al that time by which the city was to give
the spur to the Central in consideration of
reduced charge on all transfer of fuel
and other supplies to the water works for
ever. The contract was not signed at the
time, Mr.. w. G.. Cam, then chairman of
The special committee having the construc>
ton of the water works in charge, 1t is
understood not beifg satisfied with the
terms.
The contract, unsigned, was laid away
in the vaults of the city exchange, but
the Central was permitted to take poses
sion of the spur. Later when the Florida
Central and Pennsular came to enter
Savannah il was given the use of this
spur by the Central, it is alleged, at
yearly rental. Mr.. Saussy is now try
ing to find out how much revenue the
Central has derived from the use of the
track. He is of the opinion that it is
quite large. Attention was directed, some
time ago, to the fact that the contract
under which the Central was to have the
spur was not signed. 1t was then brought
out and signed up.
Under this contract the Central it is
claimed, agreed to transfer all loaded
cars consigned to the city of Savannah
TO the water works at a cost of 81 per
car. Under the CentraPs contract with
the Florida Central and Peninsular for
the latters use of the spur track built and
paid for by the city, the Florida Central
and Peninsular is to haul all freight con-
signed 10 the water works without charge
to the Central.
Out of these conditions grow the case
before the Railroad Commission and per
haps a subsequent case for the return of
the spur track to the citys ownership on
the ground of total lack of consideration
if the commission sustains Mr.. Saussy
in his position before that body.
When Dixon & Co. failed the
assets of the concerns were sold and were
bought in by j. NJ Dixon. Among the
assets was q contract to furnish the city
of Savannah with coal for the water
works. This coal is brought down from
the North by schooners to c. II. Dixon
& Co.. s wharf The usual charge for
transfer of a car from there to the Gen.
trail Railroad wharf is 81 per car. Mr..
Dixon took the position that the coal was
consigned to the water works commits
sion and could be accepted by it at such
point as it saw fit to designate. He di-
rected that the cars be transferred to the
Centrals wharf and signifed his accept
ance of il there as chairman of the Water
Commission. The Central refused TO ac-
cept the tender of "a for transfer charges
to that point and likewise declined 10 ac-
cept 81 for a transfer from there to the
water works as per the contract agree
ment with the city. The Central, Mr..
Saussy says in his bill of particulars, re-
fused to acknowledge the right of the
commission to accept the coal at the Cen
trails wharf and refused to transfer it I'M
less paid full freight charges of 1712 cents
a ton, or about S5.25 a car, setting up the
claim that the water works were to be
considered as a separate station and
charged for at the freight rate from the
initial point In the opinion of Mr.. Saus-
sy this is practically denying the city's
right to get any benefit from its contract
as to this spur track, as dealers in coal
in contracting with it will be compelled
to add this charge of $5.25 to the cost
per car, so that the city has to pay it as