The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-03
SETTLE PAVING CASE
OFFICIALS SHOULD GET TO-
GETHER.
SAY JUDGE AND MAYOR.
CASTOR STREET PAVING CASE
GOES OVER FOR THE TERN.

Hope and Belief That 1t VIII Be
AmicabIy SettIed-Grants COun-
sells Application to Have Testi-
mOny Taken by a Master Largely
on That Accountability MSern
Says Settlement should BE Effect
ed-City Will Meet Directors Half
Way, He Says.
An unexpected turn, which may re-
suit in an amicable settlement of the
differences between the city govern
ment and the property owners on Gas
ton street in regard to the repaving
of that thoroughfare, was taken in the
litigation yesterday, when on the mo-
ton of City Attorney William Garrard,
the taking of testimony was referred
to a special master. This means that
the case goes over for the term.
Col Garrard called the courts at
tention to the fact that an unexpected
lot of evidence had developed, which
would necessitate a longer hearing
than at first anticipated. and asked
leave of the court to refer the matter
to a master The court allowed the case
to take this direction, appointing
George H. Richter, at the instance of
counsel. In granting the request of
counsel Judge Speer commented at
length upon the unfortunate condition
of affairs and expressed it as his hope
that the reference of the case
to master would eliminate in a set
Element of the differences between the
officials and the property owners. He
said
Judge Speer's Remarks.
ut seems to me, gentlemen, where
there are so many intelligent men,
parties to a litigation, all of whom
have a great municipal pride in this
beautiful city, that you might if you
approach the consideration of this
matter properly, reach an adjustment
which would relieve the court of the
necessity of trying it at all 1 think
that is what everybody connected with
the case ought to labor for.
Il do not see why a question of this
kind, which might agitate an agricol-
Gus community, ought really to per-
pick and divide the people of this
great cosmopolitan city, animated as
it is by the strongest and most whole
some community spirit and l giant
this motion largely because | believe
that when you have taken the evil
dence, and a certain amount of pent-
up feeling has been dispersed as re-
suit of the examination and cross-eX-
animation of the witnesses, and when
everybody has read the evidence, and
understands it's bearing you will come
together and settle the case. At least
] venture to indulge that hope. If
you want, why the court will decide it.
Until Cold weather"
Nobody can be harmed by giving it
this direction, because the plaintiffs do
not want the street paved at all, and
this postpones the matter until cold
weather. If the court then decides
the street must be paved with brick
the city government can go to work
without endangerng life or health
among the residents along that charm
ing thoroughfare."
The position of Judge Speer in the
matter is shared by many of the city
officials and Directing property own
ers. Particularly is this true of Mayor
Myers. who, in speaking not only for
himself, but other city officers who are
of like opinion commended highly the
words of the court and expressed the
belief that an amicable adjustment of
the existing differences could be eff
fected.
Mayor Myers Views.
Il am thoroughly in sympathy with
Judge Speer's comment. Like him, l
believe that the city and the property
owners. its citizens and constituent
parts, should come together and ami
cably arrange such differences and
avoid litigation" said the Mayor in
discussing the remarks of Judge Speer.
Indeed" he continued, that has al
ways been the course of the city while
! have been Mayor. You will notice
from my annual addresses to Council
that l have always recommended COM
promises and peaceful settlements with
citizens whenever DOSSihla For
the city to be at law with its citizens
is too much like a family quarrel
Since sending my veto of the Cas-
ton street paving ordinance to Council
! have modified my views considerably
on the questions then before me. | now
feel satisfied that the shell pavement
had seen about it's full life in the ten
years of its use on that thoroughfare,
and that there was no injustice to
property owners in contemplating a re-
paving of the street. From what l can
learn, the vitality of the shell pave
ment is exhausted in ten years and the
city is then confronted with the neces-
sity of practically relaying the pave
ment, or putting down new material.
In this instance Council, ii will be re-
called, deemed the latter the most
economical and wisest course in the
long run.
Favors Compromises
Il sincerely trust that the sugges-
ton thrown out by Judge Speer will be
acted on by the property owners on
CASTOR street. They will find the city
willing to meet them in the proper
spirit. l have no doubt that the city
will be willing to pave CASTOR street
with brick and allow the property own
ers the original cost of the shells used
on that street. l think that would be
eminently fair to them. l would pre-
fer for them to meet Council without
the intervention of lawyers. Lawyers,
you know, are naturally prone to liti-
cation. Going into the courts is part
of their life, as it were; whereas the
city prefers not to do that, but to have
fair arrangement with its citizens
without the Intervention of lawyers
or courts. If some such arrangement
cannot be arrived at, Castor street
may remain in its present state for a
number of years, as in any event the
case will probably be carried to higher
courts. The city will not put down
any more asphalt, and brick offers the
best solution of the paving question