The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-08-29
WANTS PAY FOR THE STREETS.
CITY HAS No DEED TO COLLINS
VILLE's STREETS.

ell for Compensation for
streets-The Petition Claims That
the city Has Never Kept Its Com
tract with the Company as to Ex-
tending Its Plan and Opening
Streets Across the :, f. & W. Rail-
vvny-Mr. j. :. Collins Gives the
Real Estate Conpany's side of the
Case.
The Savannah Real Estate, Loan and
Building Company has pettioned the city
Council for payment for the land used by
the city for the streets and lanes in that
portion of the city known as Collinsviue.
The petition is likely to be a surprise to
the aldermen, as well as to the public,
the impression being that the city
had acquired The streets and lanes in Col
Hnsvile through an arrangement By
which certain streets were opened across
the Savannah, Florida and Western Rail-
way. Ii seems that such is not the case.
AT least the stockholders of the savannah
Real Estate Loan and Building Company
say it is not and they Furthermore claim
that the city has acted in bad faith with
them, and that It has violated its contract
with the company on several occasions.
A pertinent fact in this connection Is
that the city has never obtained a deed to
the streets and lanes Of Collinsviile. This
may be a surprise to some Of the city ia
theirs, most Of whom were doubtless under
the impression that the city had the titles
to the streets and lanes. The
city has not these titles and according 10
the contention of the petitioners the real
Il. ..ft l,la
streets and lanes, and now demands com
pensaton from the city for their use The
muddlo appears TO be due to the system or
lack OF system, which has prevailed in the
conduct of certain branches OF the citys
affairs by which one Council makes con-
tracts which are overlooked and forgotten
by its successors.
The petition was fled with the clerk Of
Council yesterday by Mr.. J. s. Collins
as president OF the Savannah Real Estate
Loan and Building Company. 1t recltes
that on Oct. -, 1890 the real estate com
pany, at the suggestion OF Council, agreed
TO lay off its lands in Collinsyile SO as 10
conform TO the plan of the city, and in
deeds to purchasers TO reserve the right
of the city to acquire the soil of the streets
and lanes. 1t was further agreed, says
the petition, that when the city should
actually open its streets up 10 the lands
OF TINS company in accordance with Tue
municipal plan then existing, (Which was
TO include grading lighting. police ana fire
protection). this company was 20 deed 10
the city the soil of the certain streets
named in the communication to which
reference has been made. Upon your part
you We're to extend said plan as soon as
practicable at least to the westward of
the tracks of the Savannah, Florida and
Western Railway"
In addition to this agreement" con
tnues the petition. you viii find one of
file in the office of your clerk which COW
ers the streets running north and south
through said tract Notwithstanding this
action taken al your request and to the
hurt and Inconvenience OF your petitioner
You entered into an agreement with the
Savannah. Florida and Western Railway,
whereby you stpu.ateu not to open GER
tain streets across its tracks. thus max
ing Ii lmpcSs bic for YOU to comply with the
terms of your contract with this petition
er. After repeated efforts to induce you
20 carry out these agreements your petit
toner finally abandoned hone. and on
sept. 4, 1884, four years subsequent to
their execution, withdrew the conces-
stons made to you. d"
copy of the communication referred
TO is annexed and also cory Of the or
dnance adopted by Council Dec % 1898
adopting map or survey for the exten-
sion OF the citys plan over CollnsViile
except as to the lanes which are declared
not TO be necessary part OF the plan.
The failure 10 include the lanes as part
of the plan is claimed by the petitioners
to be an abandonment of the plan agreed
upon.
The petition concludes as follows: The
results of your failure 20 act in the one
direction and your action in others have
worked incalculable harm to your petit
toner. II speaks within bounds when
IL expresses as to the conviction of all
fFatn "a zr TIC
ure from your contracts with il in this
regard forced what would have been q
prosperous venture into the hands of a
receiver. Wherefore it prays that you
VIII partially right the wrong you have
done by paying TO your petitioner for the
soil of such streets and lanes as run
through It's property the same price per
foot as YOU have paid for adjacent prop
erty."
Mr.. Collins, who filed the petition
president Of the Savannah Real Es-
tate, Loan and Building Company was
seen by Morning News reporter and ask
Ell If his petition were not rather a re-
markabe one. in rhat IL petltoned the
city for payment for streets in return for
which the city had already granted Ger
tain franchises and performed certain
work.
"The petition may seem remarkable to
those who have not studied the subject"
said Mr.. Collins but very little iuyes-
ttgation will show that our petition Is
based upon equity. The history OF the
business is simply this On Sept. Il, 1890.
the Savannah Real Estate, Loan and
Building Company peutioned Council for
certain franchises. including the use Of GER
tain streets. Council, before granting the
franchises made certain conditions or sug-
gestions, that the company for whose ben
eft the street railway was desired, should
lay off its lands according TO the plan Of
the city and that whenever any sale Of
property should be made II should be sub
ject TO such plan; that in deeds to pur-
chasers from the company the right Of the
city TO streets through the land should be
fully secured, and that whenever the city
should open the streets. according 10 its
pan up 10 the properties owned by the
companies, then the companies should decd
10 the city free of charge such land rs
might be necessary for the extension of
the plan Of the city over the property In
EmAaLlnn .rLaan Llnns lr.Ll,