The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-11
STOLE A MARCH ON Mr.. SACK.
CITY PUT IT'S HOUSE DRAINAGE
THROUGH AT NIGHT.

and His Son Attempted to FIJI in
the Trenches During the Night
and Threatened to Use n Shotgun
on Director Gadsden's Men when
They Began Work in the Morning.
He Desisted, However, When He
Found the Police Would Not Help
Him.
The house drainage pipes are now under
ground on Second ana Third streets
through the property in dispute between
MIR. Henry Sack ard the city. The work
was completed at $50 o'clock yesterday
morning, just five minutes before the time
that the Mayor and Aldermen might have
been compelled to appear in court to show
cause why a restraining order should not
be granted. Director Gadsden Of the pub
lie works derartment accomplished the
job very neatly by stealing march on
Mr.. Sack and his attorneys.
The dispute between the city and Mr..
Sack as to the ownership of certain land
in the southeastern section is one of long
standing. Mr. Sack claims portions of Sec
ond and Third streets on both sides of
Lincoln street, while the city claims that
lie for some years. Some months ago City
Ma shall over, acting under instructions
I from the Mayor, removed certain obstruc-
tons which MIR. Sack had placed across
the streets. Then Mr.. Sacks attorney
/ went to the court and secured an order
for the Mayor and Aldermen to show
cause Through some oversight the re-
straining clause was left out of the or
der. City Attorney Adams noticed this
and so advised the Mayor when called
uron for h opinion. City Marshal Power
was then sent out with a force of men
to remove long standing distractions in
the shape of a fence around the Sack
property.
Mr. w. p. LaRoche Mr.. Sacks attor-
ney, had also overlooked the lack of the
restraining clause and regarded the action
of the city as in direct violation of the
order of the court. He accordingly Sc
cured an order for the Mayor and Alder
men and city officials to show cause be-
fore Judge Falligant why they should not
be ruled for contempt. The absence of
the restraining clause was then discover
ed and the order was Withdrawn. No fur
Their attempt was made by the city 10
interfere with the Sack fences and the
question of disputed ownership is still
pending in the courts.
Recently, when Mr. Sack found that
the house drainage plan Included pipes to
| be laid through the disputed territory, he
| served notice upon Council that he would
not allow the pipes TO be laid unless con-
| demnation proceedings were Cestorted TO-
A similar notice was served several days
ago by Mr.. Sacks netghbor, Mr.. P. j.
| OFT. 1t is understood that Mr.. Sack had
| no objection to the house drainage pipes
| per Sc, but ne feared that it would injure
! the case pending in the court should the
city be allowed to lay its pipes as If the
| streets were open. The house drainage
! pipes had already been laid on both sides
! of The disputed streets and the special
Drainage Committee and Director Gads-
| den did not feel that they could afford the
| delay consequent upon condemna tion pro-
! ceedings, and subsequent appeals to the
| courts. Accordingly a pan of campaign
! was mapped out which worked to
| nicely.
| yesterday morning. Late Friday after
| noon Director Gadsden appeared upon the
/ scene with a large force of hands and
! proceeded to put the trenches through the
! disputed streets. The house drainage
forces worked with expedition, and when
| Mr. Sack came home to supper he found
/ two trenches wen under way through his
1 premises, as he considers them. He got
| in communication with his attorney, Mr..
| w. p LaRoche, and the latter called upon
| Judge F'aligant al his house. This was
! a night
Anticipating IndC some SuCn move WOulu
| be made, City Attorney Adams had re-
| quested Judge Falligant to notify him
| should such an application be made. Mr..
| Adams was accordingly notified and went
| to Judge Faliigant's house where he met
! Mr. LaRoche. The latter desired that all
/ injunction be issued for the purpose of
/ putting an immediate stop TO the opera
/ lions and insisted upon this as necessary
! for the protection of the interests of his
| client. Mr.. Adams contended that the
! property was not being injured in any
way by the work. the trenches being dug
! on the lines of the streets, which have
been used by the public for years, that the
injury, if any, was not iTreparable and
was matter for subsequent adjustment
/ by the court.
Judge Falligant decided that no sufficient
| grounds had been shown why an injunc
! ton should not be granted. He offered 10
issue rule nisi, requiring the Mayor and
/ Aldermen to appear before him a 3
o'olock in the morning to show cause why
/ they should not be restrained from pro-
/ c'aedng further with the work Mr.. La
| Roche declined to take such an order,
stating that the need of his client was
immediate and that unless an injunction
were granted at once the work would be
completed before the matter could be
heard by his honor in the morning. As
Judge Falligant declined to Issue the de-
sired order Mr.. LaRoche was compelled
to let matters take their course,
At o'clock yesterday morning Director
Gadsden began work with about 125 Ia
borers Policeman Barrett had been de-
tailed to keep matters serene. Mr.. Sack
and his son were found busily engaged in
shoveling back the recently excavated
earth into the trenches. The Waterman
said they had been at work since o'clock
in the morning, Policeman Barrett
promptly notified the Sacks that they
must discontinue their work The old man
was very indignant, He demanded the
number of the polceman's badge and
stated his intention of preferring charges
against him. Seeing that the officer meant
business, however, he desisted from his
work
Mr.. Sacks Boer blood was up, however,
and he was ready for a fight. GO and
do what / told you" he said to his son.
The young man ran to the house and
presently came out on the porch with a
shotgun In his hands. He did not attempt
to fire. however, but awaited further or
ders from his senior Seeing that he was
greatly outnumbered Mr.. Sack retreated