The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-03-29
CASTOR SITS PAVING
SUIT of PROPERTY OWNERS
AGAINST CITY WILL BE
QUESTION IN THE COURTS.
TO BE HEARD BY JUDGE sPEER ON
TUESDAY.

paratton or the Issues-City Treas
urer and Tax Assessors Notified to
Bring Records Into Court-AIder-
men Are Assisting City Attorney.
Mayor Not I'm Sympathy With
City's Position-Eminent Counsel
and Prominent witnesses Make
Case of Especial Interest.
A case in which Savannahians gen.
orally, and residents of CASTOR street
particularly, are much interested will
come up before Judge Speer in the
United States court this week, when
the application for injunction, made by
the property owners whose realty abuts
that thoroughfare, against the Mayor
and Council, to prevent the enforce
ment of an ordinance providing for the
paving of CASTOR street with vitrifed
brick, is heard.
The case being on the equity side of
the court, will be heard and deter
mined by Judge Speer without the in
PREVENTION of a jury. An array of
counsel representing the objecting
property owners, has been busy for the
past week in the preparation of the
case. The city attorney has spent
much time in it's preparation. Some
of the most distinguished citizens of
the community have been summoned
as witnesses. The case promises to be
productive of much interest and enter
tainment. and it's outcome will be
awaited with keen interest.
Preparing the Case.
City Treasurer Hardee was served
yesterday with a subpoena commanding
him to produce the books showing the
cost of the present shell paving on the
street in question and the part paid
for it by the abutting property own
ers. The tax assessors are required to
bring into court the books showing
the assessed value of the property for
taxation. The members of Council
have taken part in the preparation
of the case, and are assisting the city
attorney.
Nearly $500 feet of frontage on Gas
ton street, which, the DIRECTORS de-
clare will be damaged $67, 900, and more,
is involved in the suit. The DIRECTORS
are the residents of CASTOR street,
numbering some of the wealthiest and
most influential citizens. The prelim-
mary stages of the case have been hard
fought and it is expected that the
same zeal will be manifested in the
trial of the question on its merits.
Mayor Myers Position.
Mayor Myers is one of the strongest
friends of the property owners. 1t is
his unalternable opinion, as expressed
in his veto of the original ordinance
providing for the paving, that the I'M
dertaking involves an expenditure not
commensurate with the benefit to be
derived.
my duty to the public compels me
to disapprove the ordinance. l would
prefer to defer to the Judgment of
counsel, even when I do not entirely
agree with their views, but in this in
stance / believe the work contemplate
ed involves an unnecessary expendi-
ture of public moneys" wrote the
Mayor to Council.
CASTOR street was first paved with
shell in 1891. In 1900, the city removed
a strip of land along the street for the
purpose of making certain repairs to
the sewerage. The following year, be-
fore the surface which had been re-
moved had been restored an ordinance
was passed by Council providing for
the repaving of the entire street from
Jefferson to Price streets. with vitri-
fed brick.
Property Owners Protest.
A vigorous protest, concurred in hy
81 per cent. of the property owners on
the street was made to Council, but
their circumstances We're in vain.
Though the Mayor vetoed the ordi-
nance, Council Immediately passed it
over his head.
Then the property owners applied to
the courts. In their petition for an in
junction against the enforcement of the
ordinance and the annulment of the or
dinance itself. they submitted that no
benefit whatever would accrue to them
by the proposed repaving; but, rather,
that it would wreak irreparable in
jury; that there was no earthly need
of new surfacing and that the en-
forcement of the ordinance would not
only damage them pecuniarily, but
would transform the present quiet and
shady street, with its cool, healthy and
noiseless coat of shell, into a noisy
thoroughfare, which, with its brick
surface, would radiate the heat and
detract intellectually from the neigh
borhood as desirable residence local
ity.
1t has been just year ago since the
case last came before the court. At
the March term 1902, Judge Speer rem
ion, In which he sustained a demurrer
to, the plea in bar Of the city, and or
dered that the case proceed as usual
in equity. 1t was at that time referred
to Mr.. John M. Thomas, as commits
sioner, to take testimony. At the last
term of court, however, Judge Speer
determined to hear the testimony oral
ly, and the case took that direction.
Assigned For Tuesday.
The hearing has been fixed for Tues
day. 1t is not improbable that 1t will
be continued at that time until later
day in the week, since there are other
matters which have already been as
signed. the prolongation of the hearing
of which may operate to dispface the
hearing of the CASTOR street case.
The Directing compliments are rep
resented by Messrs. George w. Owens,
w. H. Wade, Lawton & Cunningham
and D. C. Barrow. Col William Gar
rard will represent the Mayor and
Council,
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