The Providence news. (Providence [R.I.]) 1891-1906, 1903-05-23
NEWPORT
WINS FIRST
ROUND
Consideration Of Street Railway
Case Postponed for Two Weeks
on Request Of City's Council

The city of Newport won the first round
OF the contest which the Newport & Fall
River Street railway are waging In re-
gard TO the disputed section OF track, as
the result OF hearing In the appellate
division OF the supreme court today
The railroad people had applied for an
injunction asking that the city be- re-
strained from Interference with the re-
pairing of the torn up section Of track
and az soon as the matter was called
up Francis Colwell. representing the city
OF Newport as associate OF the city solicit
tor. j Stacy Brown. objected to the con-
sideration of the matter today as there
had been insufficient time 10 prepare an
answer 10 the bill of the complainduts.
He said great issues were at stake ana
II the matter was heard now before
proper time for preparation was made 1t
would probably have 10 be done all over
1t much expense, particularly IL the rails
were down and had 20 be taken up again.
No great hardship or sun ,ring would
be caused he stated. by reason OF the
temporary delay and suggesteti that the
matter be put down for hearing In two
weeks
w. T. Sheffield, Jr. counsel for the
Newport a. Fall River Street Railroad
company said the road and the public
would be put TO considerable hardship.
traffic would be blocked and tha, with
this section of about 1000 feet or tracks
torn up much time and business would
be lost.
He said the city had no right 10 lake
away the location which the road So
cured from II and that owing To- the vi
oence and tension over the matter the
situation was intolerable and something
should he done to relieve IL.
Newport's city solicitor,J. Stacy Brown,
stated that he had considerable knowl-
edge Of local conditions and animated
that ther was less tracks up now than
there had been al any time beiore anu
that instead of 1000 feet Of tracks up
there was only a break of $40 foet--a
switch.
While matters are pending IL would
not be great hardship for passengers
to traverse this short distance n tie
excellent sidewalks, he stated
Considerable fencing between the coun-
sci at this time showed how warm the
fc ,ing was be1 Ve en- the y wport attor-
oys. and Mr. Sheffield claimed the au
tncrity OF certain statute and the city
solicitor. referring to a contract antedat-
ing that by several years that gave the
city the right to take up the rails or or
deI them up when found necessary.
The counsel on the other side retorted
that the statute provided for that and ar
ranged matters so that through traffic
could be had. despite the remonstrance
of Intervening towns.
.t. used the example Of Tiverton peo-
pie who could not be deprived OF through
service because the town Of Mddletown
did not want the rails down
Walter +. Anfell who appeared for the
railroad company. also stated that he
could not assent 10 the staying proce I'd =
ings for two weeks without a vigorous
protest. and he told of the city after Z
had got the company take up the rails,
ordering out the whole police force. who
ca amped down on the rails. lie said the
city had done three things and wanted
two weeks TO find some law 10 Justify
itself The city should have brought
the matter 10 court before II had acted
with violence. he said. and interrupted
the carrying Of the United States mail
Ch'ef Justice Stiness stated that the
court was very reluctant to interfere
with the city in the control of It's high
ways, nut that he could not see that
great hardship would be caused by the
delay Of two weeks. and he set down the
case for hearing at that time.
MIR Sheffield and Mr.. Brown agreed
upon a time. and TO have things at the
break in the track as they are until that
time