The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-25
CITY TO ASSERT ITS RIGHTS.
ALDER MEN DISPLEASED WITH THE
SEIZURE OF ESTILL PARK.

the city Has Lost Its Legal Rights
There Is Likely to BE Fight in
the Courts-County Lost No Time
in Taking PosscssiOn-Had Its
PIows in the Park Yesterday Az
ternoOn.
The City Council does not propose to
tamely submit to the action of the County
Commissioners In taking possession of Es-
til Park without giving the city a chance
TO assert its rights in the matter. There
was a brief but spirited discussion in
Council last night, which BODIED no good
for the scheme of the commissioners. The
Council then went into executive session,
10 consider the matter further but enough
was said in open meeting to show that
there would be decided opposition 10 the
countys move The countys ultimatum,
announcing its intention of entering upon
and taking possession of Estin Park was
received at the City Exchange at noon
yesterday. 1t was no surprise, as this
action had been forecast in the Morning
News of yesterday. The document is as
follows:
Whereas on the 18th day of March,
1898, the county of Chatham granted TO
the Mayor and Aldermen of the city of
Savannah a tract of land consisting of
275 acres, part of the Ashton and Queens
bury plantations, as a public park, upon
condition that the Mayor and Aldermen
shall spend thereon, for the improvement
of the same for the first five years, begin
ming Jan. /. 1893 not less than $500 per
annum, and for the next ensuing five years
not less than $1,000 per annum; and there
after such sums as the municipality shall
see proper to eXpend. And it is expressly
stipulated that in the event the above
conditions are not fully met and complied
with in all respects, the tract of land
shall revert to the county of Chatham.
and all rights of the municipal corporation
therein shall cease.
And, whereas, it appears from the Off
cial reports of the said Mayor and Alder
men that the municipal corporation has
not fully met and complied with the above
conditions and has not annually during the
said years, expended in the improvement
of the said tract of land the sums of money
expressly stipulated to be expended; and
by reason of the breach of the said con-
ditions the tract of land has reverted to
the county of Chatham and the right TO
re-enter on said tract has accrued to the
county of Chatham. And, whereas In the
judgment of the commissioners of Chat
ham county, the public interests will be
better subserved by applying the said tract
farm than to require the useless eXpendi-
ture of public money in the performance
or the said conditions.
at is ordered that the county of Chat
ham does hereby peaceably re-enter in
and upon the said tract of land and every
part and parcel thereof, into its full seizin
and possession.
Ordered further, That the Superintend-
ent of Public Works of the county pro-
coed to prepare for cultivation SO much
of said tract of land as may be needed
or required.
"Ordered further, That a copy of these
proceedings be served upon the Mayor and
Aldermen of the city of Savannah, that
due notice may be given that all rights of
the said municipal corporation in said
tract of land have ceased and determined,
Ordered further, That public notice be
given, warning all persons not to tres
pass upon the said tract of land under
penalty of the law"
At the meeting of Council last night the
communication of the County Commits
sioners was received and referred to the
Committee of the Whole. A little later,
just as Council was preparing to adj
journ, Alderman Williams brought the
matter up again. Being put on notice by
the county of its intention to enter upon
Estill Park, he said, he asked what
should be the position of the city to pro-
tect its rights in the matter and to pre-
vent such a seizure.
Alderman Wells remarked that the
county had already taken this action. He
had been out at the park during the af-
ternoon and had seen men blowing there.
Alderman Williams said that this should
not be allowed to continue. Alderman
Haas said that the city should assert its
rights in the matter, and Alderman Dixon
agreed with him. City Attorney Adams
was about to be called upon for an opin-
ion when Alderman Thomas suggested
that the matter be taken up in Commit
tee of the Whole, which was agreed to.
The aldermen spent about twenty min
utes in consultation. When they came out
ii was announced that the matter had
been referred TO the same committee
which recently conferred with the COM
missioners on the subject, consisting of
the Mayor and Aldermen Williams Mills
and Bacon. The committee will request an
early conference with view to reaching
some more satisfactory solution of the
question than that offered by the commits
sioners.
The action of the County Commissioners
was no surprise 60 the councilmen. They
had been anticipating some such move
ment since the recent frut.ess conference.
1t is acknowledged that the city has failed
to comply with the terms under which the
hand was donated but they are somewhat
in douhf TO whether this vtiates the
citys title. The question will be submit
ted to the city Attorney, and upon his nd
vice will depend whether or not the city
Will contest the county's right to enter
and take possession of the park. Act
ing Mayor Tiedeman said yesterday that
he was not prepared to discuss the matter.
Chairman Dales attempt to blot Estll
Park from the map was the subject of
considerable unfavorable comment yes
terday. 1T was pointed out that the city
could very easily put a stop on this pro-
cedure by an Injunction. and that the
matter could be tied up In the courts un-
til the election of another Board Of Coun-
ty Commissioners this fail, when it was
broadly minated that there would be
considerable changes IN the makeup Of
the board. 1t was admitted that accord
ing to a strict Interpretation of the con-
tract between the city and the county.
the latter might be technically correct in
its position. but it was urged on the other
hand that public sentiment would be
shown to be 50 strongly in favor Of the
retention of the park that the result