The Savannah morning news., 1903-10-06
TORE UP RAILROAD
CROSSING AT NIGHT


b. officials to Dose of Their own
Medicine.
The arrest of Supt. Walter Hale, of
the Seahoard Air Line at Ocilla brings
to light a story suggestive of the old
adage. Kill my dog I'll kill your cat"
the bone of contention being a railroad
crossing at Ocilla.
Strategy on the part of railway o.
ficials, has been employed to outwit the
law Night excursions were arranged
that the carrying out OF certain plans
might not be made known to the
enemy, and a great deal of maneuver-
ing has been engaged in by officials
of the two roads concerned, the Sea-
board Air Line and the Brunswick and
Birmingham.
Some weeks ago the officials of the
Brunswick and Birmingham road made
application to the Seaboard officials for
permission to put in another crossing
for their line at Ocilla, forty-nine fest
north of the crossing which they use
now, and for which they hold a con-
tract with the Seaboard. This appli-
cation was refused for several reasons.
Ten days ago officials of the Seaboard
were astounded when they were in
formed that during the night previous
a crossing had been put in at Ocilla
forty-nine feet north of the crossing
now used by the Brunswick and Bir-
mingham Railroad. Supt. Hale was
notified of the action of the Brunswick
and Birmingham officials. and he at
once consulted with Mr.. ]. Randolph
Anderson, district attorney for the
road, and it was decided that the most
feasible plan was to give the Bruns-
wick and Birmingham people "a dose
of their own medicine.
The following plan was evolved and
successfully carried out: Supt Hale
was to proceed to Abbeville collect a
force of men and so to Ocilla, tear up
the crossing which had been secretly
put in, and at once communicate with
Attorney Anderson, who was to be in
Eastman ready to make application for
an injunction restraining the Bbruns-
wick and Birmingham people from put
ting in a crossing at Oclla.
The laws on railway crossings is so
constructed that one road already oc-
cupying a right of way can refuse an
other road the right to cross its line
if sufficient reason is given, but it can
not force a road to take up a crossing
once 1t is in place. Consequently when
the Brunswick and Birmingham cross
ing was down 1t could not be removed
by resorting to the courts, but once up
an injunction could be secured re-
straining them from putting another
one down.
Supt. Hale reached Abbeville late in
the afternoon Thursday. He at once Sc
cured about forty hands and proceeded
a oft Tar aplr u
proceeded to work, and the newly put
down crossing was soon taken up,
placed on a flatcar and sent out on the
main line of the Seaboard. and before
morning was many miles away from
the scene. AS soon as the work had
been completed Attorney j. Randolph
Anderson was communicated with at
Eastman, and he secured an Injunction,
restraining the Brunswick and Bir-
mingham Railroad from puttig down a
crossing at Ocilla. The object in ship-
ping the crossing itself away was ia
insure time in which to secure this in
junction, otherwise the Brunswick and
Birmingham people had a perfect right
to go ahead with the work until they
had been officially notified that an or.
der had been issued by the court re.
straining them.
AS soon as he had secured the in
junction Attorney Anderson drove
through the country to the SeaboarC
Air Line main line, boarded speCia
train and went to Ocilla. AS soon as
he arrived there he found that Supt
Hale and the workmen had been ar.
rested Several charges were lodged
against Supt. Hale. One was a posses.
sorry warrant for the crossing which ht
had taken up, and others were for fe
loniously taking up a railroad crossins
and maliciously destroying the prop
eTty of others.
After reading the injunction to tn,
Brunswick and Birmingham officials
Supt. Hale gave bond and was released
and the possessory warrant was dis
missed when the crossing was carried
back to Ocilla and restored to tn,
owner, after it had been made useles:
to them for use at Ocilla. as the injunc
ton forbade their putting it dowr
there.
The statement that the Seaboard hac
made offers of settlement to the Bruins.
wick and Birmneham is erroneous
Chief Engineer Roberts was in the city
yesterday to confer with the Seaboarc
officials, seeking satisfactory adjust
ment of the matter whereby the Bruins.
! wick and Birmingham can peaceably
come into possession Of the right to es-