The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-01-17
CITY CLAIMS TITLE.
ANSWER OF MAYOR AND COUNCIL
TO PROPERTY OWNERS IN
EMMETT PARK LITIGATION.
ASK COURT TO DECLARE THE PLOT
APUBLIC Park.

Forth the Claim of the City-Re-
views the Act of the Provincial
Assembly and the Grant of the
King of EngInnd-snys Its Right
Has Been Long Recognized by the
PIaIntins Themselves.
The answer of the Mayor and Alder
men of Savannah to the suit instituted
against them by William NJ. Low, and
others, in which it is sought to restrain
the city from exercising authority over
that tract of land known as Emmett
Park, and which involves the title to
the tract itself. was filed in the clerks
Office of the Superior Court yesterday.
The litigation, which has been watch
ed with a great deal of interest, grew
out of the action of the city authorities
in asserting their ownership to the
land, by prohibiting traffic across 1t.
The question which is sought to 10 set
tied, is whether the land lying between
Lincoln and East Broad streets. and
bounded on the south by Bay street,
and on the north by what is common
ly called Factors Walk, is a public
park, or the property of individuals.
Brief History of Cnse.
The fight began when, several
months ago, certain parties who had
driven teams across the park, were
docketed and fined in the Recorders
Court. At that time the decision of
the Recorder was reserved, and when
rendered, constituted lengthy expo
sition of the contentious of both par
ties, terminating in a decision in favor
of the city. In further exercise of it's
alleged ownership, the Mayor and
Council proceeded to open up certain
paths and avenues, and to beautify the
plot of ground.
The abutting property owners, who
also claim title to the land embraced in
the so-called park, then applied to the
Superior Court for a restraining order
enjOining the city from further .exeF-
cising any right of ownership, or of
doing any acts which would change the
status of the tract. The restraining
order was granted. Shortly thereafter,
Council passed resolutions declaring
the tract a public park, and giving it
the name of Emmett Park. At that
time contempt proceedings were drawn
against the Mayor and Council, but
were not instituted.
City Claims Title.
The answer filed yesterday was a
response to the equitable petition of
the property owners, who claim the
title to the land. In it the city, through
it's attorney, William Garrard, under
takes to set up it's title to the land in
question. and in so doing sets out the
text and conditions of acts of the Gen
eral Assembly, enacted when Georgia
was British province, and gives ex-
tracts of the original grant of the King
of England.
All of these acts, as well as the
| grant itself, says the answer, define
the north boundary of the property
conveyed to private parties as the
street now known as Factors Walk.
| The original act of the General AS
sembly, providing for the commons of
the town of Savannah. expressly stat
| ed, the city contends, that they should
| not be granted away for any purpose,
except by the General Assembly. Since
that time, says the city, the title has
passed through the Board of Wardens,
and other executive boards which gov
erned the city, and finally into the
| present Mayor and Council.
Anent the Kings Grant.
1t is admitted that before the town
of Savannah was made a city, and SUBJ
| sequent to the act of 1860, the King of
England granted to certain parties the
wharf lots now owned by the petition
ing parties, but the city contends that
| the grants described the property as
situate under the bluff of the river, and
| that neither the parties now owning
such wharf lots, nor their predecessors
ever had any right or title in or to the
property in litigation.
In substantiation of their right OF
! ownership, the answer further recites
that at the time a small portion of the
property was ceded to the United
! States, the conveyance was made by
! the city, and that it was then agreed
! that should the United States cease to
use the plot for the purposes for which
it was coded, namely, a light house, il
should revert to the city. The light
house, the answer further says, was
used for long time, and when it's use
was discontinued the property reverted
! to the city.
Plaintiff Admitted Ownership.
About fifty years ago, at an enormous
expense, the city constructed a retain
ing wall along the bluff between Lin
coin and East Broad streets. After
that time the buildings situated on the
wharf lots owned by the parties plain
| tiff were built up to and above the
top of the training wall, and the own
ers of the wharf lots, by permission in
| each case, given by the City Council
| threw across the street known as Fac
tors Walk light foot-bridges, thus
! giving access to the buildings from the
| bluff.
For fifty years, the city contends. the
plot has been known and accepted by
the public as a park, it being first call
ed Irish Park" afterwards Irish
Green and in years past, and now
Emmett Park"
says the city. been used by pedestrians
and by pleasure seekers, and no wagons
have been allowed to cross it. and al
who have driven across it have been
| trespassers.
Asks Decree of Court.
In conclusion the court is asked to
grant decree, declaring that the
tract is now, and has been for fifty
years, a public park; that it is EN-
met Park, and that as such park nc
person has the right to drive thereon
with wagons or other vehicles, the
same being subject to the ordinances
of the city, touching parks
The plaintiffs in the suit are Will
liam NJ. Low. Columbia H. Daffn
John Kean, George A. Mercer. Mary
S. Walker and Robert L. Mercer. They
are represented by G. T. & ]. F.
Cam. They too, claim title to the
land, to substantiate which they have
claims of title almost from a time
when, as Blackstone says, the MEM
DRY of man runneth not to the con-
trarv.