The Montgomery advertiser., 1903-10-09

seaboard. This application was refused for several reasons. Ten days ago of- ficdals of the Seaboard were astounded when they were informed that during the night previous a crossing had been put in at Ocilla forty-nine feet north of the crossing now used by the Brunswick and Birmingham Railroad. Superinten- dent Hale was notified of the action or the Brunswick and Birmingham ofhcials, and he at once consulted with MT. J. Ram dolph Anderson, district attorney for the road, and 1t was decided that the most feasible plan was to give the Brunswick and Birmingham people a dose Of their own medicine.
 The following plan was evolved and s,ic- cessfully carried out: Superintendent Halo was to proceed to Abbeville, collect force of men and go to Ocilla, tear up the crossing which had been secretly put in, and at once communicate with Attor- ney Anderson, who was to be in Eastman ready to make application for an injunc- ton restraining the Brunswick and Birm- ingham people from putting in crossing at Ocilla.
 The laws on railway crossing is so con- structed that one road already occupying a right of way can refuse another road the right to cross it's line if sufficient reason Is given, burt 1t cannot force road tO tahC uP d CiOSSih8 OuCC " ID th PiuGC. Consequently when the Brunswick and Birmingham crossing was down 1t could not be removed by resorting to the courts, but once up an injunction could be secur- ed restraining them from putting another one down.
 Superintendent Hale reached Abbeville late In the afternoon Thursday. He at once secured about forty hands and pro- ceeded to Ocllla. arriving there after dark. In dAA frs n1A A. put down crossing was soon taken up, placed on a fatcar and sent out on the main line of the Seaboard. and before morning was many miles away from the scene As soon as the work had been conn pleted Attorney J. Randolph Anderson was communicated with at Eastman, and he secured an injunction, restraining the Brunswick and Birmingham Railroad from putting down a crossing at Ocilla The object in shipping the crossing itself away was to insure time in which to secure this injunction. otherwise the Brunswick and Birmingham people had perfect right to go ahead with the work until they had been officially notified that an order had been issued by the court restraining them.
 AS soon as he had secured the intunc- ton Attorney Anderson drove through the country to the Seaboard Air Line
 
 went 10 Ocilla. As soon as he arrived there he found that Superintendent Hale and the workmen had been arrested. Sew eral charges were lodged against Super- intendent Hale. One was a possessorv warrant for the crossing which he had taken up, and others were for feIonIous- ly taking up a railroad crossing and ma liclousiy destroying the property of oth- CTS.
 After reading the injunction to the Brunswick and Birmingham officials, Su- perintendent Hale gave bond and was released, and the possessory warrant was dismissed when the crossing was carried back to Ocilla and restored to the owner. after 1t had been made useless to them for use at Ocilla, as the injunction for bade their putting 1t down there. The statement that the Seaboard had made offers of settlement to the Bruns- wick and Birmingham is erroneous. Chief Engineer Roberts was in the city yes terday to confer with the Seaboard of- ficials, seeking a satisfactory adjustment of the matter whereby the Brunswick ana Birmingham can peaceably come into possession of the right to establish another crossing at Ocilla. It is proba- ble that permission will he granted for temporary crossing at the point so much in dispute.
 As soon as Superintendent Hale return ca to savannah he found that business necessitated his going to Hamlet where he is at present.
 In handsome publication, which tho Central of Georgia Railroad is distributing the editor and publisher brings out with startling lucidity the incontrovertible ce- lerity and majesty of the South's undc vi- ating progress. The Central announces that although numerous statistics have been published pertaining to the South \ achievements. 1t does not believe that suf- hcient attention has been called to that portion of the South traversed by it's lines-its terminals. etc. furnishing as this section does. the means for the man ufacture of millions of dollars worth of it's products; and that the superiority of this section as an important manufactur- ing centre, and that it's pre-eminence in so many respects may be properly set forth. is the raison d'etre of the contents Under the head of Manufactures, Mir. Henderson says:
 + When we look around us and see on all