The Savannah morning news., 1901-06-30
GAVE AN OPINION
WHY JUDGE sPEER GRANTED HIS
RESTRAINING ORDER.
IN THE CASTOR STREET CASE.
CAUSE WILL DE SHOWN AT MT.
AIRY, JULY 20.


city of Savnnnah-o Their Parties to
the suft-CIafm Property Damage
to the Amount of $67 900 IL Brick
Arc substituted for SheII-Exhfbits
shown by the BiIE-"C1enrest and
STRONGEST EvidentinI Eject"
shown by the Mayors Veto Mes
sage.
The papers in the case of George w.
Owens e. AL VS.. the Mayor anzsAIder-
men of the city of Savannah, were filed
yesterday in the United States Court.
The following is the order granted by
Judge Speer in response to the petition
of the protesting property owners on Gas
ton street. who, through their solicitors.
Messrs. W. H. Wade, George w. Owens,
Lawton & Cunningham and Barrow &
Barrow, prayed for an injunction against
the city putting down a vitrified bric1
pavement on that street:
AT Chambers, read and considered. Let
the temporary writ of injunction issue
as prayed. Let the defendant be served
with copy of this order and let 1t show
cause before me on the 18th of July, 1901,
at Mt Airy, Ca, why the writ should
not be made permanent"
Property Owners Plaintiffs.
The following are the property owners
who figured with Mr.. Owens upon the bill
and the amounts aggregating $4,000 1t
is claimed that would be injured by the
substitution of brick for the shell pave
msnt on abe street:
George w. Owens, $500; Olivia DeLyon,
$1,000; George c. Freeman, trustee, 81. 900;
F. o. Lippman, $500; e. P. Hopkins,
5000; H. S. Lowell, $1,000; D. Wells ST.
600; T. F. johnson, $500; L. A. Jones. ST.
600; Ed r. Lowell, executor of I. Dasher,
$3.50; M. ]. Doyle $1,000; W. J. Morrell,
Jr., as executor of j. l.. Hammond. $1,000;
H. D. Stevens, $4,000; Pope Barrow, as
executor for Ii. r. Jackson, 5000; H. c.
Cunningham, 5000; Lee Roy Myers, S.
co., c. A. McIntre, trustee for James
McIntire $500; Margaret II. Wade, exec
utor of William Wade, $500; w. M. Bo-
han, $1,000; ]. H. II. Entelman, $1,000; ].
Rauers. $1,000; John Rourlxe, $3.50; f. J.
Kulman, executor of S. Cohen, 81, 900: H.
Traub, $1,000; S. ID. Einstein, s., 600; D.
Schuenemann, $1,000; w. A. Fisher, ST.
900; Anna J. Whiteside, 81 OO0 Mary
Schley, $1,000; Mary e. Henderson, s., 600.
The morning News yesterday gave the
grounds upon which the injunction was
sought and secured. AS exhibits, the pc
titioners' solicitors attached to the bill
the petition of the Castor street proper
ty owners that was flied with Council
when the matter of the pavement was
raised, requesting the retention of the
shell pavement and its repair by the city;
The ordinance passed by the city for
a pavement of vitrifed brick on CASTOR
street, between Price and jefferson, and
the eto of Mayor Myers.
Judge Speer's Opinion.
Judge Speer handed down an opinion
in the case upon the issuance of his re-
straining order. An opinion in advance
of the hearing is unusual but Judge
Speer concluded that there were many in
Savannah who would like to know why
the injunction was granted The opin-
ion was as follows:
George w. Owens et AL vs. the
Mayor and Aldermen of the City of Sa-
vannah, Speer, Judge: Upon considera-
ton of the bill in this case, 1t appears
that the city of Savannah recently paved
CASTOR street with the crushed shells of
the oyster, a material for road-making
famous the South Atlantic and Gulf
coast. For this purpose the owners OF
property abutting on the street paid their
assessments, which amounted to two
thirds of the cost of such paving. This
pavement it appears, was in all respects
satisfactory for a residence street,
such Castor street. as contradistIn-
guished from business street. This
street is sktrted by parks is shaded by
oaks, palms and other indigenous trees,
and save the Savannah Hospital and the
library of the Georgia Historical Society
Gin both of which quiet is essentiaD, is
thoroughfare affording access to resi-
dences of the best class. 1t is in no
sense a business street
Having competed the shell pavement.
the city government proceeded to tear up
enough of it to enable them to construct
sewer throughout its entire length,
and, having completed the task last mem
TONED, instead of replacing the shells,
has now determined to destroy the en-
tire pavement aud all the values invested
therein, and substitute a pavement of
vitrihed brick, pavement much more
costly than shell and much more noisy.
This, 1t appears from the bill. is objec-
tionabie in every sense. II will cause a
loss of many thousands OF dollars to the
complainants. Notwithstanding the pro-
test of persons holding 81 per cent of
the frontage on the street, notwithstand-
ing veto message from the Mayor, pre-
senting the hardship upon the property
holders and the injury to the city in
the clearest and strongest evil
Dental effect. majority of
the Board OF Aldermen have ordered
the repavement Of a newly paved street
with another and a different material
This is double taxation for one municipal
purpose iegiimately and fully accom- .
plished by the first assess ment. 1t is not
1egitimately beneficial to any one II is,
therefore, in the opinion of the court CON
hscatory without due process of law and
obnoxious TO the constitution, beneh-
Gently designed as It Is 70 protect the
citizen against the arbitrary. lawless and
injurious exercise OF power by the United
States by a state. or by a corporation
created by a state.
For these reasons the writ of tenn
porary injunction viii be issued-in ac-
cordance with the prayers OF the bill"
The solicitors for the plaintiffs held a
conference yesterday, at which IL was
determined to appear before Judge Speer
at Mt Airy on July 25 this date hay
ing been found convenient for Mr. s. B
Adams city attorney. who will repre.
sent the defendant Judge Speer Is al
Mt Airy for the summer, and had the
hearing been set. with Macon as the
place. the date would have necessarily
been during the late summer or early
fall.
The city will be served with the re.
Etraining order tomorrow. That viii b.
IN ample time. ne Il was not contemplated