The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-23
SUING COUNTY FOR DAMAGES.
OWNERS or SWAMP LAND WANT
DAMAGES FOR DRAINAGE.

The County Failed to Secure "A sign
ed Agreement From Mr.. Henry
sack for the Use of His Land in
STRENGTHENING the Casey Canal and
Now 1t Way Have to Pay for the
Oversight-Air. Sack says There Is
n Gold Mine in the swnmp-The
Case 20 Occupy Two Days.
The suit of Henry Sack and others
against the county for land taken in the
construction Of the Casey canal was re-
gun in the Superior Court yesterday. The
case occupied The entire day and IL is ex-
pected that it viii take all of to-day as
well
The suit has some peculiar features. In
1895 or 1885, Mai r. A. Blandford, who
was then county engineer, undertook 70
straighten the Casey canal To do this
it was necessary TO run through portion
OF Mr.. Sacks property, known as Sack
Vile The county did not then have the
right to condemn land for drainage pur-
poses. which has since been granted il by
the legislature, and it was necessary 10
obtain The consent Of owners for the use
of their lands. Maj, Blandford discussed
the matter with Mr. Sack aud informed
the County Commissioners that the latter
was willing for the canal to be run across
his property on certain conditions, these
conditions being that the abandoned por-
ton of the old canal should be filed in
and two bridges built across the new ca
nal so as TO give ready access TO all por-
tons Of Mr. Sacks property. The com
missioners considered these conditions ac-
ceptab.e and instructed Maj Blandford to
proceed. After the work had begun it
was thought best to have the agreement
placed in legal form and the paper vas
drawn up by the county attorney em-
bodyins the conditions which Maj. Bland
ford had reported that Mr.. Sack demand
ed.
When the agreement was presented to
Mr.. Sack he declined to sign ii, for Vari-
Gus reasons. a hot fight was then being
waged in the County Commissioners by
Chairman Dale upon Engineer Blandford,
and in the heat Of this controversy the
Sack matter was lost sight of. Some
time later. after the canai work had been
completed, Mr.. Sack and others to whom
he had sold lots from his tract, presented
a large claim for damages, The commits
eioners were about to turn the claim down
without consideration, being under the
impression that they had signed agree
snent with Mr.. Sack. When the paper
was produced it was found to be without
Mr.. Sacks signature. The county de-
clined 10 pay the claim, however on the
ground that Mr.. Sack mad been vastly
more benefited by the cutting of the
dFny h hul ID, 4
that he had agreed TO the cutting of the
canal on conditions which the commits
sioners were willing to perform. 1t was
also noticed that a number of the lois
sold by Mr. Sack We're directly across the
line OF the canal.
Unless the county establishes the legal
ity of its agreement with MIR Sack how
ever, the oversight in the matter may
cost it something. The law does not per-
NIT resulting benefits to be set off against
the damages where land has been taken
for such purposes without the consent
of the owner and without due legal pro-
ceedings.
County Attorney j. r. Saussy is repre-
senting the county, while the plaintiffs
are represented by MIR. w. P. LaRoche
and MIR. George w. owens. The case is
being closely contested. Ex-County En-
gineer Blandford County Engineer Brown
and Mr.. J. A. G. Carson, who was chair
man of the drainage committee of the
County Commissioners at the time the
canal was Strengthened, were on the stand
yesterday for the county, and testified to
their understanding of the matter the
york done on MIR. Sacks land and it's eff
feet. Mr. Sack was also on the stand
and testified as 20 the damages to his
property. lie denied ever having given
his consent for the use of his land. Mr.
Sack created some amusement by an an
swer which he gave TO the question of
Mr.. Saussy, to the effect that there was
"a gold mine in the swamp" Mr.
Sack was 50 positive in his as
eertion that those present did not know
whether ne meant to imply his belief in
the existence of an actual gold mine in
the swamp or that the swamp would prove
a gold mine If properly cultivated The
latter was doubtless his meaning.
MIR. Sacks claim is for $3.50. The other
parties interested and their claims are as
follows: George Parish, 500; George Die
ter 500; William Orr, 500; e. NJ. LaRoche
SlO0; Sophie Outersight, $3.50; Philip San
ders. $50; Louise Eyser, $l00; Emil Wam-
boldt, so; j. J. Connally, 500; c. A. Nor
gan, $50; George Schwarz, $500. The tota!
of the claims is S6550.
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