The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-29
THE Jews AND WEDNESDAY, MORNING. JULY
70 THE LAST DITCH +.
| he Southern Will Fight the
Union Depot Order in
the Courts.
Especial to News and Observer

Especial to News and Observer
Durham N. c., July 2S.-The Southern
Railway has served notice on the Corpor-
alton commission and the city OF Durham
that it proposes to fight the union depot
question in the courts. 1t will not bulid
a depot until after the courts have passed
upon the constitutionalty of the Fuller
bill.
In the notice of appeal taken the South
| ern, through it's attorney, H. A. Foushee,
says that the commission has no jurisdlc-
ton in the matter, that the act is uncon-
stitutional and in conflict with the Four
teenth Amendment of the Constitution OF
the United States; that it will not contrib
ute to the purchase of the necessary
property outside of its own right of way,
and that the site selected by the com
mission is not convenient to it and that to
reach the site is dangerous.
At the hearing of the matter before the
commission the three roads first agreed
upon the market site or some site in that
immediate locality. Then the Southern
kicked out of harness and the commission
was forced to make an order in the mat
ter and the three roads were directed to
unite in the erection of a depot on a site
in the locality mentioned As soon as the
order was made the Seaboard gave notice
that it would obey the order without fur
Their trouble and it was known that the
Norfolk and Western was willing to enter
into any arrangement that was agreeable
to the other two roads or to the commits
sion. The representatives of the South
ern did not say word at that time and it
oh hat ho he
obeyed. But now the notice of appeal
and the reference to the Constitution of
the United States shows that that road
intends fighting the matter to the last
ditch.
The following is the text of the excep-
tons taken by the Southern and the no
tice of appeal, a copy of which has been
served on the commission and a copy sent
to the attorneys representing the city and
petitioners from Durham:
1.-The respondent, the Southern Railway
| Company, hereby excerpts to the ruling
and order of the Corporation Commission
made in the above entitled cause at Dur
ham on July IS, 1903 and states its
grounds of exceptions as follows:
| 4. That the commission overruled the
demurrer of the respondent in which OBJ
| lection was made to the Jurisdiction of the
court.
"2. That the commission overruled the
defence stated in the first paragraph OF
its answer, in which this respondent OBJ
| jected to the proceeding for the compul
sorry erection of a union depot as being
in conflict with the Fourteenth Amend
ment of the Constitution of the United
States.
80 That the commission ordered this re-
| spondent to contribute to the purchase
of land for the erection of a passenger de
pot located outside of its right of way
at a large expense, and to the erection Of
a passenger depot thereon, when this re
spondent owned land entirely adequate
and suitable for the erection of such de
pot, which it was ready and willing to de-
vote to the purpose of a union depot.
"a That respondent was directed to con
| tribute to the purchase of land and the
erection of depot outside of its right oil
way when it could not reach such location
safely and conveniently, but in order to
reach it, would be required to cross the
tracks of other railroads, and would other
wise be greatly inconvenienced thereby
and the operation of the road be unsafe:
when those dangers and inconvenience
could be avoided by the selection of a site
contiguous to the track of this respondent
and convenient to the other raIlroads.
Based upon the exceptions above stat
ed, ---s respondent gives notice of its APP
peal according to law. and prays that Tho
same may be duly entered The respond
ent also gives notice that it reserves tht
right hereafter to ask the commission t.
prescribe the amount Of the bond which il
may be necessary to give in order to sta,
the execution of the order, but respond
ent will not ask for the bond to. be FIXED
at this time, because the respondent anC
others interested in the union station may
be able to reach an amicable agreement
satisfactory to all parties in interest
This respondent states that it is will
ing to permit the erection of a union pas
senger station upon its right of way. ant
to participate in the purchase of any Other
lands which may be necessary, and to give
access to such station to all other rail
roads entering the city of Durham, anC
also to permit the use of a track by Tho
Seaboard Air Line Railway to reach it,
freight depot, until all matters in contro
versy between itself and the Seaboard All
Line Railway shall be determined in du,
course of law: all of which it is hoped car
be arranged upon fair and emlitabl,
terms