The Savannah morning news., 1903-03-01
OBJECT To NEW ROAD
PROPERTY OWNERS DON'T WANT
WEST END ROUTE OPENED.
LIVELY LITIGATION LIKELY.
HALF DOZEN GROUNDS OF LILLE
GALITY ARE URGED.

Property Owners File Petition For
Damages Subject to Their Obiec-
tiOns-AII Not smooth Sailing For
Railway and Railroad Company.
Directors Say There Should he
Two PrOceedings-Not Within
Province of Commissioners TO
Condemn n 90 Foot ROad-WOuId
Not BE of Public UtiIity-COmmis-
siOners Will Meet Wednesday.
The question raised by the property
owners along the line of the proposed
new West End route insures a lively
litigation before the final determination
of the condemnation proceedings.
When that matter is finally disposed
of it is probable that it will be some
time before the measure of damages
can be adjusted, and the outlook now
is that it will be some time before the
work may be undertaken.
AS forecasted in the Morning News,
Fletcher Exley and Mrs. Maria T.
Strickland filed their claims for dam
ages in the office of the County Com
missioners yesterday. At a meeting of
the commissioners, held at noon, after
considerable argument, it was deter
mined to postpone the hearing in the
matter until Wednesday afternoon at
4 o'clock, the commissioners, not an
ticipating a lengthy session, having
engagements which necessitated the
postponement.
The property owners raise several
condemnation proceedings. They con-
tend that the county is proceeding
without authority and that even if it
is assumed that they have the author
ity, they have not complied with the
provisions of the statute, which directs
that the nearest road commissioners
shall mark out by metes and bounds
the land to be condemned. They say
that not only have the nearest road
commissioners not been named, but
that, though the road commissioners
appointed have sworn that they have
marked off the land, they have not
done so.
should He Two Proceedings.
Still another point is that there
should be two separate proceedings
'one for the grade crossing and the
other for widening of the streets
since there are two sets of road COM
1nissioners for the two districts. They
submit that Road Commissioners Har-
iris Cope, w. w. Keller and ID. c. New
ton are the proper persons to act in
the matter of the grade crossing, they
being the commissioners for the Louis
willie and Augusta roads.
The proposed road has a width of
81 - -.~4.-
owners say that the law does not
provide for the taking of private
property for public use for street of
more than fifty feet in width, but, on
the other hand, specifically provides
that the road shall not exceed fifty
feet in width. They contend that the
commissioners are, therefore, proceed
ing Illegally and that under illegal
procedure no condemnation can lie.
The petition for the opening of the
proposed new route was made to the
commissioners by the Savannah Elec-
trio Company and the Central of Geor-
gia Railroad. The law does not con-
template the granting of petitions to
such parties, the DIRECTORS say, and
the commissioners have not the right to
exercise the power of eminent domain
in their favor.
Not of Public Utility,
The DIRECTORS are also prepared to
prove by witnesses that the proposed
route will not be of such public utility
as to authorize the Commissioners to
grant the petitions. There were sew
eral witnesses at the hearing yester-
day, who were summoned for the pur-
pose of adducing such testimony. Quite
a number of other interested property
owners were also present.
Subject to the objections, the object
ors file their claims for damages, the
resultant injury being set forth as out
lined in the Morning News. Mr.. Exley
submits that he will be damaged $15,-
800 by the widening of Factory road
and Schwarz avenue, the greatest in
jury resulting from the opening of
Factory road. it being intended under
the plan proposed to cut a strip of land
go feet wide by 2S09 feet long, from
certain property of his upon which is
situate fine renting property.
Damages Aggregate $22,346.
Mrs. kirkland asks for $500 as
damages to her property at the cross
ing, at the intersection of the Augusta
and the Louisville roads, while her ten
ant, W. II. Morehouse, who conducts
a grocery store, says that he is dam
aged 1916. The damages aggregate
$22,346.
At the meeting on Wednesday the
various questions raised, as set forth
above, win be argued, and it is proba-
BILE that the session will be a long one.
All of the commissioners were present
at the meeting yesterday, as well as
the clerk and the county attorney Mr..
r.. r. Richards and Judge S. B. Adams
represent the interests of the Directing
property owners.