davidaulloa/AmericanStories huggingface dataset:
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
JUDGE BARROW UPHOLDS
COUNTY COMMISSIONERS
Decides That Property Owners Kicked Before
They Were Spurred in West End Matter

A decision was handed down yester-
day by Judge Barrow in the Superior
Court in the case of F. A. Exley
against the petitioners for the opening
of the West End route. Unless the
Supreme Court disturbs the ruling it
will mean that in the future no OBJ
jections to the modus procendi in con-
domination proceedings will be APP
pealable, Judge Barrow holding that
the question presented in the applica-
ton for writ of certiorari was purely
political and legislative, and in no wise
judicial, and that the redress of the
property owner would come after the
condemnation OF the, road The COM
missioners had merely decided that the
road would be of public utility, and
mo damage had yeti been wrought.
n The application for the writ is the
same which nudge Barrow at, first de-
\ clined to take under advisement, be-
cause he was under the impression that
he owned property along the proposed
road and which was afterwards taken
to Judge Seahrook' S home in Pineora
at midnight, in order that it might be
rendered within the time allowed by
law. Judge Seabrook took no action
in the matter but merely marked the
pleading as rendered, and later Judge
Barrow decided that he was not dis
qualified, and yesterday took the case
under advisement.
The decision of Judge Barrow ex-
pedites the opening of the new route.
There has never been the slightest evil
dnce to show that the route would not
be of public utility. The mode of pro-
cedure employed by the commissioners,
while entailing more exhaustive re-
search than was contemplated by the
alternative road law, was within the
purview of the statute, and Judge Bar
row held that the method used by the
commissioners was alright if they
chose to pursue it, and did not in any
degree effect the character of the pro-
! ceedings. Judge Barrow's decision Is
very interesting, reciting as it does
| the history of the case in concrete
form, and clearly outlining the judicial
aspect of the litigation. In his opinion.
the case would be thrown out of court
on demurrer when 1t reached the
proper stage, as no cause of action was
stated. Judge Barrow's opinion, is, in
part:
The Courts Opinion.
at is conceded that the alternative
road law is in force, in Chatham coun-
| ty, Georgia, and that there is a Board
of County Commissioners who are
clothed with jurisdiction over the roads
of the county In February, 1903, the
| attention of the County Commission
ers was called to the, necessity for a
new public road from the Louisville
road northward to the Southern ex-
tremity of Schwarz avenue, and from
the north side of the northern end of
| Schwarz avenue westward to the east
ern side of Stiles avenue.
! at is only with this last portion of
! the proposed new road that we have to
| deal. The County Commissioners in
stituted an inquiry into the necessity
or advisability of opening this new
| public road. They served notices upon
those who own property along the
route and they invoked the opinions of
three of the commissioners of the coun-
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28

make its third appearance, and its first
appearance when the general public
may go and hear it.
At the popular price of so cents for
tickets, there has been large sale, and
there will no doubt be many who will
go and pay admission at the door. The
programme will commence promptly at
S:45 o'clock. The programme in full is
as follows:
l. ca. WAR March OF the Priests"
(Athalie), (Mendelssohn),
(b). Overture, Lustsfield, (Keler-
Beler), Orchestra.
2. "a Rose Fable. (Hawley), Miss Sal
dee King.
8. Recitation. 1.-THE Wooing of Ber-
nice" Miss Julie Epstein.
A. (a), die Post I'm Valid" (Schaf-
fer), cornet solo, Mr.. Louis Muller.
(b). Am Muir" (SchuberD, trombone
solo, M. A. Riley, Orchestra.
5. (a). Armorer's Song, (DeKoven).
OBJ. II am Wearing Ava to the Land
O. the Leel," (Foote), Mr.. w. 5. Blum.
6 (a). Cantilene, Creme de Boisdefiel.
(b). "Elfentany," "copper", Mr.. A. c.
Meyer.
I. "Bella Figlia," (Rigoletto), Verdi
Mrs. S. F. Smith, Mrs. ]. j. Gaudry'
Mr.. j. T. German, Mr.. j, NJ Black.
8. (a). Overture, "Nabucoaonozor'
(VerdD. (b). Sixth (Surprise) SYM
phony. (Haydn), Largo, AllegroVlVace'
Andante Orchestra.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
THOUGHT ne
WAS OVERHEARD.

An echo of the excursion of the I'm
derwrdter's Association, which only
came into notice yesterday, was the
commotion caused on board the steamer
Clifton when a prominent member of
the party was found to be missing. and
no one knew that he had ducked and
returned to town while the party con-
tinued its merry way to Warsaw.
1t was just after the Clifton had pull
ed off the mud, where she had lain
without grace for half an hour. that a
hue and cry was raised. A Savannah
ian who had shipped regularly, with in
dentures for the voyage and all possible
signatures and witnesses, had been
called upon to testify that he was an
able "seeman" and capable of trimming
topgallant forcastle and bellayin' the
main chance. was missing. He had
been noted steering sou'east by north,
half west, and his binnacles were said
to have been dingy. But it was hard to
believe that he had taken water. Moth
ing of the kind was ever supposed to
have passed his lips before, and there
were some ready to swear that he had
not been drowned. AS a matter of fact
have sworn to anything except their
own identity.
;One thing sure" said a member OF
the crew with a sob that might have
been mistaken for the hiccoughs, II
that Holsters got overheard, shure ez
Twin he's waded shore. 'Shazwhat's s
legs made or-settumupergin."
The boat was searched by a special
committee, and when blue and yellow
striped cuff was found three points aft
of midships the report was made that
the missing man had jumped down the
smokestack and had made no will y
1t was a terrible strain upon the par
ty on board the Clifton to so on with
out news of the lost man, but they
managed to keep up courage and steam
and the trip to Warsaw was made and
afterwards the return to the city as pei
programme-to find that the sailor had
beat them in and was able to read
without skipping, the mortuary resolu-
tons prepared by the engineer and
| pnOk
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
Directors Anticipative.

1.-THE suggestion has been made that
they propose to take a. public road
sixty feet in width in addition to a
twentyfour feet strip which is al
ready being used, and that they have
no power to condemn land for a public
road sixty feet wide. The answer TO
this is that they are not now taking it,
They merely resolved that it is advan-
tageouS to have a road of that sort and
width They are not now proceeding
to condemn. They are not attempting
to take anything. They are not adr
judging that any amount shall be paid
or no amount shall be paid, or that
any land shall be taken. If they I'M
dertake to condemn-if they should
make an attempt to cOndemn-more
than the law authorizes, all the rights
of the land owners are reserved and
can be asserted in that proceeding
which will be strictly a judicial one.
What is now in hand is nothing more
or less than a legislative act of the
County Commissioners of Chatham
county resolving that a road, such as
is described, is a work of public util-
ity.
The future steps which the resolu-
ton directs to be taken by the county
attorney, when they are instituted, will
be of a judicial nature and will be
subject to review by the proper courts.
and it will be time enough then to in
terpose defenses and to attack jude-
ments when they are rendered. So far
as the case that is now before me is
concerned, 1t is one which is entirely
political and legislative, and the ac-
ton of the commissioners is conclu-
sive upon the courts"
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
BOYS HELD FOR
CRIMINAL ASSAULT.
Two Juveniles BIandly Admit That
They Witnessed Crime.

Two Juveniles Blandly Admit That
They Witnessed Crime.
For committing a criminal assault
upon Mamie Xix, a 10-year-old negro
girl, on the Springfield Plantation, not
a great distance from the water works,
late yesterday afternoon, Eddie Bour-
quin and John Galloway, 1O-year-old
negro boys, are held prisoners at the
police station house.
They were arrested last night by
Patrolman Reisen on complaint OF the
girls mother. II was reported to tho
police that four other boys of the
same age were guilty OF the same
crime, but they have not yet been To-
Gated. The juvenile prisoners admit
that the crime was committed, but
deny that they are guilty. They say
that they We're only onlookers. and
that the crime was actually commit
ted by only one member OF the marty.
Of six. Under their own statements.
however, they are legally guilty Of
the crime charged against them on
the police biotter
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
WHITE STONE LITHIA WATER.


The donated will
viii lie water like White
ViIr tain for hours aft
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28

ty to aid them in arriving at a con-
clusion whether or not it would be
work of public utility to open and es-
tablish this road. 1t is true they need
not have resorted to these aids in their
inquiry. 1t was wholly unnecessary
to cucumber the proceeding with the
notices and opinions of the Road Com
missioners, but it was a convenient
way, no doubt, for the County Com
missioners, to inform themselves and
they chose to pursue it. 1t is prob
able that some confusion may have
been occasioned by the adoption of
this method of ascertaining the neces-
sity or ACCESSIBILITY of this road. But,
nevertheless, it was harmless and did
not, in any degree, affect the charac-
ter of the proceeding, what the Coun-
ty Commissioners did, and all that they
did, was to resolve that the opening
and establishment of the proposed road
was a work of public utility and was
advantageous and should be done. This
is set out in the second one of the
resolutions stated in the pleadings.
Whether or not a public road should
be established in a given locality is
purely and essentially a political and
legislative question. Tt presents no
controversy between adversary parties
in the determine alton of which life, lib
erty or property of any citizen is in
volved. It is merely a legislative de-
claration that the public will be bene-
fitted by certain public work. OF
course, it must be conceded that the
establishment of a public road, a high
way of the state is a public work.
1t is true that whether or not a pro-
posed work is one for the use of the
public is judicial, but when it is con-
coded that the work and use is a pub
lie work and a public use, the question
of its utility or advisability is purely
political and legislative
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28

Knoxville, Tenn, April 27.-Several
hundred people assembled at Everetts
Grove, Blount county, near here, to-
day to commemorate the thirty-eighth
anniversary of the disaster of the Sui
tana. The Sultana, an army trans
port, was burned on the Mississippi
river just above Memphis the night of
April 81, 1865. Over 1000 Federal SOL
diers en- route home, lost their lives.
The reunion to-day was of the sur
vivors and their friends
Maj. w. A. MacTeer of Maryville,
Tenn, was the orator of the day.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28

didn't like it afterward to refund me
the price of my ticket.
Il came. looked the town over, and
in less than a week had taken out my
license as a bilI-poster, and I've been
here ever since. l wouldn't leave 1t for
any city of its size in the United states
to-day. It's the ideal city of the South
for convention Of any kind, and once
you get a few here to get others will be
easy, for those you bring will be inn
pressed with the advantages OF the
place and will help you advertise the
city in more ways than one"
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
RAIDED DISORDERLY HOUSE.

At an early hour. this morning Pa
u ~ mousse on Bay street. near
East Broad street, and landed eight
prisoners. A dozen or more, sailors
and negro women, had assembled ana
We're holding high carnival when the
uniformed men swooped down on the
,.anch and filled the patrol wagon with
disorderHeS
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28

They are at loss to understand the
wounded man, who seems thoroughly
convinced that he is going to die. 1t
is believed that the wound extends as
deep as the right lung but Harm was
holding his own last night. The Off
GERS hope to finally. secure a clearer
statement from him.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
ANALYSIS OF
WHITE STONE .hIIIHIA WATER

GEORGE A. FERGUSON, PHI, B.
AND
RAYMOND J. NESTELL
Analytical and Consulting Chemists ColleSe of
Pharmacy. Of the City OF New York.
Dec. %, 1901.
Compounds as they exist in solution in opA
gallon of water: 0
Sodium Chloride --.. ............,... eSIn
LithIum Bicarbonate.. ..............,... o4i6
Sodium Bicarbonate ..............,,,. liei
Magnesium Bicarbonate ..... I5asi
Iron Iron nicar uonate. -.... -. 0.5116
Eo.asslum Sulpnate ......s... ........... 1880
9onluIn SutPnate ...a.......... 0.T172
Salcium Sulphate OBSERVATION-DISCLOSURES. 25. 0SOO
t1,tnium ouIpnate ........... .-......... l.ls62
Silica ...........,..., Sgeo0
This is very pure Mineral water and con-
tanning Lithium Salts. makes il q valuable
water incidentally. At 100 degrees F. the water
is clear and odorless
GEORGE A. FERGUSON, Pr. r.
RAYMOND J. NESTELL,
1t Is the lightest water on the market which
we can prove by actual test. For further in
formation write to WHITE STONE LITHIA
WATER CO.
White Stone Springs, s. c.
mas or Georgia. with all modern improvements
open winter and summer.
CO., White stone Springs, S. G.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28

Read what the noted DR.. L. C. Stephens. who
was president OF the State Medical Association
OF South Carolina, also president OF the State
Board of Medical Examiners until he resigned.
Greenville. Sept s. 1902.
do not hesitate to say that the effect OF the
water upon those who drink it for any length of
time has been perfectly marvellous. Invariably
an increase both in flesh and appetite was per-
ceptible in one week, proving it to be mineral
water of undorbted powerful tonic property.
Its peculiar adaptability to diseases orlginat-
ing from disorders Of the kidneys, bladder and
liver, such as dropsy, Bright's disease, dia-
betes. uric acid calculi, and all forms Of dys-
pepsia. rheumatism and govt. is to be expected
from he splendid analysis. 1t has been noted
frequently that parties before using this wa
ter had to follow every meal with some form
OF corrective or confine themselves entirely to
predigested foods. soon discarded these en-
tirely, being delighted to find that the water
alone-nature S own remedy -sun1ced.
OF the many who drank this water this sea-
son for ten days consecutively, noe one but ex-
perienced decided benefit and a perceptible
gain in weight varying from to pounds.
L. G. STEPHENS, M. D,
We have the largest brick hotel in the Carol
electric car line from Southern Railroad. Hot
WHITE STONE LITHIA WAITE
Masonic Temple Pharmacy, Agen
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-28
MUSIC CLUB ORCHESTRA.

Attractive Programme at LawtOn
Memorial VIII BE Heard by Many.
What promises to be the most attrac-
tive and elaborate orchestra programme
of music heard in Savannah since the
appearance here several years ago of
Thomas Orchestra, will be given at the
Lawton Memorial tonight, when the
Music Club Orchestra, under the con-
ductorship Of Mr.. A. C. Meyer, will
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-16
WITH THE POLICE.

Several cases of interest will be heard
by Recorder Myrick in Police Court
this morning, and a lengthy docket will
be called. Quite number of the de-
PENDANTS are charged with offenses
against the state.
Hattie Chisolm, a negro girl arrested
by Patrolman Cohen for the theft of a
skirt from E. Shoulder, of No. 304
President street, west, denies her guilt.
Henry Bose. colored. is charged by
Patrolman Hicks with pointing pistol
at, and threatening to kill, James Day
of No. 300 Congress street, east.
James Bridges and Richard Grant,
negroes, We're arrested by the same Of
ficer for larceny after trust, in that
they appropriated to their own use
money that they had been asked to col
Loaf
james Williams. a negro, is charged
with assault with intent to murder oy
shooting at Thomas Scott, also, colored.
Scott is charged with assaulting and
attempting to cut Williams. The ar
rests We're made by Patrolman John
Farrell. The trouble is said to have be-
gun in place on Randolph and Liber-
ty streets, against which complaint has
been lodged at police headquarters.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-16
LAST OF RED HOT STANDS
MUST MOVE TO-DAY,
Hot Lunch Vendors Have Nearly
Moved on the Streets

Hot Lunch Vendors Have Nearly
Moved on the Streets.
The three or four proprietors of red
hot stands. or lunch wagons, on West
Broad street, who were given an extra
week to pack their things and go, must
be off the street this morning. Acting
under instruction, the superintendent
of police will make an inspection this
morning, and, in the event that any of
the Objectionable places are found on
the street, will Immediately notify the
city marshal.
1t Will then become the duty of that
official to move the stands from the
street, and he Will do so. The majority
OF these places. against which a gen
eral protest was lodged with the Mayor
and Council took their stands from the
streets as soon as they were notified.
several, however. showed where an I'm
mediate removal would infiict a great
hardship upon them, and they were
gwen until this morning to make them
selves scarce. one of these individuals
mad electric light wires strung to his
pace. Some of the red hot men man
aged TO rent vacant lots on the street.
ana win run their business on private
property without any interference on
the part Of the city.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-16
TWO NEW VESSELS
MAY BE ORDERED SHORTLY by
OCEAN STEAMSHIP CO.
HAVE NOT BEEN AUTHORIZED.
But PROBABLY WILL BE AS SOON
AS DETAILS ARE SETTLED.

Likely to be of Size and Design OF
City of Memphis and the New City
of Macon Now Building-Are Need
ed to Handle Large and Growing
Freight and Passenger Business.
Large Amount of New Equipment
Authorized for Central Railway,
Consisting of Twenty Engines,
TO be Delivered as Fast as Com
pIcted and be in Service by End
of Year.
Two new ships of the size and gen.
eral design of the City of Memphis,
and the new vessel the City of Macon,
are to be built by the Ocean Steamship
Company. At least it is generally I'M
derstood that they will be built, though
they have not been formally authorized
by the directors. and probably that
board will not be called on for such
authorization until the plans and de-
tails of the contracts have been per-
fected.
The matter did not come before the
annual meeting of the company's di
rectors held in Savannah last Monday,
but was discussed by the Executive
Committee, though none of the men,
bers of that board who are residents
of Savannah will talk about the mat
ter.
This is not surprising, as such mat
ters are generally arranged in New
York and are made public only when
all details are arranged, including the
awarding of the contract. The Ocean
Steamship Company, because of its
heavy freight and passenger business,
is in need of the services of more
ships. and the City of Memphis has
given such satisfaction that there is no
doubt when the contracts for the new
ones are awarded they will go
to the builders of the Memphis, the Del
aware Shipbuilding Company which
now has under construction new ship
of the same model, so near completion
that it will be launched next month.
A large amount of equipment has also
been authorized for the Central of Geor-
gia Railway. This is to consist of six
more passenger engines, to be built by
the Rogers Locomotive Company, and
to be of the same design and size of
the six received but a few weeks ago,
which have given complete satisfaction;
fourteen freight engines, which are to
be built by the Cook Locomotive Works,
300 coal cars. and 200 box cars. to be
constructed in the shops of the railway
at Savannah and at Macon. and three
sleeping cars.
This additional equipment is to be de-
liVered as fast as possible and, it is the
opinion of President Egan will all have
been delivered before the end of this
year.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-16
PISTOL UNDER NOSE.
HAD A CLOSE CALL
PntrOIman Barlow Davis Injured
While Chasing Negro.

" hiEe tHASiuE Negro.
While standing at the Gamewell
box on Liberty and East Broad
streets, shortly after O'Clock yester-
day morning, with a prisoner in each
hand, and with the patrol wagon in
sight Patrolman r. B. Davis had a
close call. An unknown negro at
tempted to shoot the man in uniform,
and would probably have been sue
cessful, but for the ract that his
weapon failed to explode.
The patrolman had arrested John
Doscher, white, and Stephen Simmons
colored, for disordely conduct and was
waiting for the arrival of the patrol
wagon. Several negroes had gather
ed around the box and when the wagon
came in sight Davis ordered them
away. A tall negro refused to obey
the command and pulling a pistol
showed it almost under the nose of
uniformed man.
About the same time the wagon ar
rived, and showing his prisoners to
the man in charge. Davis turned on
the negro with the revolver. The
weapone had refused to fire
however and the negro ran
north on East Broad street.
The man in uniform followed
closely on his heels, shooting as he
ran. The shooting attracted the at
tention of Private Detective Godbold.
who was in the neighborhood, and he,
too, fired at the negro, but without
being able to stop him.
At Perry lane and East Broad street.
While running, Patrolman Davis
wrenched his ankle and had to aban-
don the chase. He suffered a great
deal from the sprain and short time
later had TO leave his precinct and go
to his home for medical attention. The
sprained ankle panied him and gave
him great deal of trouble yesterday,
and he was placed on the list of in
jured last night. Although the negro
did not falter after the chase had been
begun the patrolman believes that one
of the bullets that he fired struck the
man,
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-16
S. A. |. CONDUCTORS KICK.
TO Hold Conference with super
intendent Hudson Wednesday.

There is trouble between w. R. Hud-
son, division superintendent fourth di-
vision, Seaboard Air Line, and his
freight conductors and brakemen, over
an order issued by the superintendent
last week, in which he refuses to allow
the present salary of the conductors,
SIS month, unless twenty-six trips be
made during the month, and dates the
order as effective Feb. 1.
The conductors claim that this order
violates a contract they made some
eight months ago with General Manager
j. NJ. Barr. which fixed their salary at
SIS a month. when they should make
the trips called on for, and further pro-
vided that no change should be made in
this contract without first giving them
due notice.
The order of Supt. Hudson would
mean, says a representative of the con-
ductors and brakemen. a practical re-
duction lin salaries all round. as it is
impossible for the men to make twenty
six trips a month. as their runs now
often take eighteen hours, a distinct
violation of the law governing this mat
ter, which prescribes that the men shall
not work more than thirteen hours con-
tinuously.
The matter, at meeting of the con-
ductors held yesterday, was referred to
a committee which will have a confer
ence with Mr.. Hudson in Jacksonville
day after tomorrow. This committee
will represent both the conductors and
brakemen