The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-01
MIR. BusBEE MAKES EXPLANATION.
Complains That He Was Unintentlonally In
correctly Quoted. Reviews the Position
CT the load

no the Editor: In view of the omis-
sions and inaccuracies doubtless uninten-
tionaD of the report in the Durham Her
aid of my position at the meeting OF the
Chamber of Commerce in that city to dis
cuss the question of depot facilities and
your comments based upon such report, /
shall depart from my usual policy of 81
lence and respectfully request the inser-
ton of the facts as to the position of the
Southern Railway Company in regard to
the matter
The facts were substantially stated by
Mr. w A. Guthrie, and are as follows:
At the time Of the construction of the
North Carolina Railroad, the town of
Durham was not in existence. and the
railroad company became the owner and
in possession of a strip Of land extending
through the present town two hundred
feet in width. one hundred feet on each
side of its track. as it's right of way.
AS the town grew, part Of this right of
way, not then needed for actual use By
the railroad, was used by the town for the
purposes of a street, which they called
Peabody Street.
Sometime before 1890 the citizens nat
urally desired additional railroad facil
tiles and the construction of competing
lines. The county subscribed 100000 to
the building of the railroad to Lynchburg
and the town subscribed 500 600 to the
Durham and Northern Railroad, controll-
ed BY the Seabcard Air Line and $4,000
to the Oxford and ClaTksville Railroad.
controlled by the Richmond and Dalyllo
Railroad
The Durham end Northern Railroad
sought to condemn a right Of way for
itself along the line Of the North Carolina
Railroad, and the matter was finally adj
jUsted by conveyance of the Durham
and Northern Railroad Of a right of way
extending from the east as far as RoX-
boro street in the eastern part of the
town. Afterwards the Seaboard
Air Line desired to reach Dukes fac
tory in the western part of
the town and began new condemnation
proceedings. This action has never been
concluded. 1t was suspended about 1891,
and remained quiescent until about two
years ago, when it was reinstated and is
still pending.
During the tendency of the condemn
alton proceedings in 1890, the authorities
of the Durham and Northern Railroad ap-
pllGQ TO the Town OIL durham LOT per-
mission to lay it's track along the right
Of way of the North Carolina Company,
alleging that the railroads had dedicated
this right of way to the town as a street,
and that the town had full control of it.
The permission was given by the town.
The Oxford and GAINESVILLE Railroad
had no Independent entrance into the
town but used the facilities of the Rich
mond and Danville Railroad, which was
the lessee of the North Carolina Railroad
and controlled the Oxford and GAINESVILLE
Railroad, but as the lease of the North
Carolina Railroad Company to the Rich
mond and Danville Railroad would expire
in 1901, it became necessary, in the opin
ion of the officers of the Oxford and
GAINESVILLE Railroad that it should have
q right of way of its own, which would
keep it from being shut out of the town
at the expiration of the lease in 1901
After some negotiations the Oxford and
GAINESVILLE Railroad bought from the
North Carolina Railroad Company the
right of way along the northern side of
the North Carolina Railroad right of
way, and paid in cash $4,000 in 1890 For
this payment it has never received a dol
lar of benefit, but the Durham and North
ern Railway has been in possession of
this strip ever since, without the pay
ment of one dollar to any person or COR
poration.
After the Durham and Northern Rail-
road had obtained the permission Of the
town to construct its track along Pea
body street, the town of Durham, at the
request of the Durham and Northern Rail
road, brought suit against the North
Carolina Railroad and the Richmond and
Danville Railroad to enjoin these COM
panies from any interference with Pea
body street and the track of the Durham
and Northern Railroad laid upon it. The
complaint alleged that the Richmond and
Danville Railroad as lessee, and the
North Carolina Railroad the owner, had