The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-19

do not interfere and make impossible our
bushes son Peabody street"
Col Henderson replied for the Southern
and stated the contentious of that road
He said that it would be impossible for
the erection of the depot at the site named
without changing the tracks Of the Sea
board road, and said that the road could
get through as indicated in the PROPOSE
ton of the Southern road He then dis
cussed the two propositions and pointed
out the differences.
After this Judge Winston, also of the
Seaboard, came on his feet and for some
time there was lively tilt between Col
Henderson and Mr.. Busbee on the South
ern side and Judge Watts and Judge Win
ston on the side of the Seaboard.
ORDER BY THE COMMISSION.
All this time the representatives of the
city were sitting by and watching the
fight. AT the conclusion of the battle Mr..
". S. Bryant arose and asked the com
mission to make an order for the depot to
be erected. He said that the petitioners
had decided to leave the question OF a site
to the railroads. giving them certain
length of time in which to agree upon the
site plans, ETC., but inasmuch as the roads
had almost come to an agreement as to the
market house property he would ask the
court to order the depot on the site as
suggested in the proposition. He then
read an order he had drawn. After more
discussion the members of the commission
retired and came back with the order, it
being slightly modified from the one pre-
sented by the petitioners. The order is
as follows:
In the matter of the City Of Durham, w.
A. Slater, j. w. Burroughs and other
citizens Of the City of Durham.
Plaintiff.
The Southern Railway Company, the Sea-
board Air Line Railway Company and the
Norfolk and Western Railway Company,
for a Union Passenger Depot in the City
of Durham, North Carolina.
Defendants.
ORDER.
The petition in this cause was filed on
the 18th day of February, 1903, and no
tees was given to the defendants, and the
hearing was continued from time to time
until Tuesday, the 7th day of July 1903,
when it was taken up for hearing at the
office of the Corporation Commission. in
the city OF Raleigh. Pending the hearing
OF evidence in the cause, the commission
adjourned to meet again on the 18th day
of July. 1903. at 10 o'clock q. M, in the
City OF Durham, when and where the
commission met and the taking Of evidence
was completed. After having heard the
evidence and viewed the situations in the
City of Durham, and heard the contention
Of counsel representing the petitioners, the
Southern Railway Company and the Sea
board Air Line Railway Company, and
having considered the admissions made of
record, the Corporation Commission is of
the opinion, and finds as a fact that the To-
cation and building of a Union Passenger
Depot for the security, accommodation
and convenience of the travelling public
using the Southern Railway, the Seaboard
Air Line Railway and the Norfolk and
Western Railway, is practicable. and in
the judgment of the Corporation Commits
sion the necessities of the case require that
said Railway Companies (Which it is admit
ted enter the City of Durham), have one
common or Union Passenger Depot, and it
Is further found as a fact, that at the time
OF the filing OF the petition in this cause
neither one OF said Railway Companies.
had, or now has depot ADEQUATE conven-
lent and offering suitable accommodations
for the travelling public, it is therefore
ordered and required by the Corporation
Commission that the Railway Companies
above named erect and build one Common
or Union Passenger Depot Tor the travel
ling public at a point in the City of Dur
ham on what is designated in the evidence
az the Old Market House site at some
point between Roxboro street and Man
gum street and that said Railway Com
panies unite in the joint undertaking and
expense OF erecting, constructing and main
tanning a Union Passenger Depot And
this cause is continued until the 18th day
OF August, 1903, at the office of the Cor
poratlon Commission in the City of Raj
elgh for the purpose of allowing the said
Railway Companies to suggest plans, spec
Ifications dimensions and the exact loca-
ton of said Depot, to be submitted to the
Corporation Commission, in its office at
the City of Raleigh, at which time, and
place, or as soon thereafter as possible the
Corporation Commission viii designate
the exact location, dimensions and plans
and specifications for building said Union
Passenger Depot, and prescribe terms
provisions and conditions and
make such other orders as may be requir
ed. The said Railway Companies are fur
Their directed to file their plans, specifica-
tons and suggestions with the clerk of |
the Corporation Commission.
This the 18th day of July, 1903.
SOUTHERN WILL APPEAL.
Judge Watts, representing the Seaboard
agreed to comply with the ORDER but the
objected to the order and prac-
ticaly gave notice that an appeal would
be taken to the courts, the object of the
appeal being to test the constitutionality
Of the Fuller Bill.
Summing the whole matter UP it looked
very much like both 81 .cs were afraid that
the other had some scheme uD it's sleeve