The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-09-21
TO PROTECT RIGHT or WAY.
Postal Telegraph Company Enioined
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Judge Fangant granted an order IN
The Superior Court yesterday. restrain
ing ard enioining the Postal Telegraph
cable Company and Charles r. Prendcr-
CAST. from proceeding further with its
action 60 condemn the right OF way Of
the Savannah. Florida and Western Rail-
way In Doughcrty. Mitchell. Thomas.
Brooks and Lowndes. counties. and requir-
ing them 60 show cause October G. why a
permanent injunction should not be grant
ed
The order IL the result OF an attempt
on the part OF the Postal TelcEraph-Ca-
bic Company to condemn the right Of way
for a telegraph line along the tracks Of
the railway company from Valdosta. 90
Thomasville. and from Thomasville 60
Albany. a distance OF about TO- nsiles. IL
seems from the papers filed IN the case
that the EFFORT upon the part Of the tele-
graph company 20 peacefully secure the
right to use the right OF way Of the rail
way company was rehuffcd by the latter
and that IL was necessary Tor the former
10 resort 90 condemnation proceedings.
which It seems the railway company is
also preparing to resist to the fun extent
OF its ability.
Having failed 10 obtain the desired priv
nege from the savannah. Florida and
Western Railway. the Postal Telegraph
Gable Company gave notice as required
by Jaw. citing the facts ana Circumstances
Of the case. and the statutes OF the Uni-
ted States and Of Georgia. provided for
such cases. including that provided for
the condemnation Of a railway company
right Of way by a telegraph company. a.
also named Mr. Charles 4. Prendergast
as its arbitrator, and nxcd sept. q as
the date OF the hearing. naming the ordi-
nary's office OF Chatham county. or other
suitable place. Under the state laws
applying 70 such cases when such pro-
ceedings are taken. IL is the duty Of the
railway company interested TO name an
arbitrator. the two arbiirators TO name
third. constituting board OF arbitration
which proceeds 10 investigate the case and
assess the damages.
The Savannah. Florida ana Western. a.
would appear from its petition. does not
choose TO follow this method. hut prefer
rather to night the matter iu the courts
An injunction is sought on number OF
grounds. among which u Is asserted that
the statutes named IN the notice from tho
telegraph company are unconstitutional.
and that she telegraph company has no
right to institute or maintain condemna-
ton proceedings begun under aud hy the
notice given. II IS claimed that no valid
appeal Is provided by law under the stat
utes OF Georgia, AMI particularly the stat
utes referred Ia in the notice by which
the railway company can appeal from the
decision OF the arbitrntors. and that this
failure makes the statutes Illegal aud
void. II f. also claimed that under the
constitution OF the state such proceedings
can only bee had IN the county in which
the land Is situateh. and that the condcm-
nation proceedings instituted IN Chatham
county Ire void.
II Is asserted that the land sought 10
be condemned Is not necessary for the
use Of the telegraph company in con-
siructing It's telegraph line referred 10
and that under the laws OF the state IL
has no right TO acquire the same except
by amicable purchase from the petition
er. II Is also Gained that the erection
OF the telegraph poles along the right OF
way Of the railway would further en-
nance the risk and danger OF operating its
trains. such poles being liable 10 be
blown down across the track. or burned
down at the base thereby resulting in
wrecks and damage to the petitioner
II is also urged that should the Midway
company appoint an arbitrator as requir-
ed hy the notice set forth that the arbl-
traitors could not consider the various oh
jections mentioned. nor the validity OF
the statutes under which proceedings have
been instituted nor whether the land and
privileges desired are necessary for che
use OF the telegraph company IN construct
ing its line. nor could they pass upon
various other issues involved and that
they would be able 20 determine nothing
whatsoever except the amount OF damage
which would be sustained by che petit
toner and Assessed as damages against
the telegraph company For these and
other reasons permanent injunction
against the Postal Telegraph-C Com
pany and the arbitrator named by II IS
asked for and pending the action Of the
court upon the petition a temporary re
strainiug order and Injunction is asked
for. which latter wos granted By the
court, the hearing being set for Oct 6