The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-19
They FAILED TO AGREE
Conflicting Claims by Southern and
Seaboard as to Cause of the Split
Now in the Hands of the
Courts.
Especial to News and observer.l

Especial to News and Observer)
Durham. N. c., July 18.-.sWe will aud
we WON'T you shall but l shan't, is the
attitude that has been assumed by the
Southern and seaboard Railways in re-
gard to the erection Of the union passen-
ger station in this city. But the Corpora
ton Commission has stepped in and said
you shall" and the matter is now in the
hands of the courts to see whether or not
an act of the Legislature, passed with the
view of compelling public carriers to do
their duty has any force.
Leaving the court room yesterday after
noon with distinct proposition made by
one company and as distinctly accepted by
the other the representatives of the two
roads came into the court room this morn
ing and played the baby act by saying
that eve have failed to agree upon some
details" and the whole matter would have
to be taken in hand by the commission.
There was considerable argument by
counsel explaining or trying to explain
the positions of the two roads, after which
the commission passed an order directing
the three roads in Durham to submit to
the commission not later than the 18th of
next month the plans and specifications of
union station, and that the commission
will then hold another meeting, the date
to be named when the necessary order re-
garding the details viii be made.
In regard to the great change Aof base
and blocking out of either one or other of
the roads. in addition to what was stated
in the court this morning, it is learned
that the railroad people held a stormy
meeting at the Carolina last night, and
that it was after midnight when they came
out. During the meeting, so it was said,
some members OF the forces of the old enc
mics became hot in the collar and said
things The story of just what did hap
pen in this consultation is not available,
as both sides refuse to give details.
In regard to the serious objections that
have caused a split in what looked to be
a complete settlement of the difficulties,
the Southern claims that the Seaboard is
yesterday, and on the other hand the Sea
board people claim that the Southern had
blocked the whole business. 1t is also
claimed by the Seaboard that the South
ern wishes to put the station in what is
known as Peabody street, and in this way
cut off the Seaboard from that street and
take the litigation out of the
courts. In reply the Southern claims that
this is not So that it has offered to allow
the Sea board to run a track through the
depot property. or to pass through on the
track and to continue this until
such time as the courts may decide the
matters at issue. In the above both of
the roads are right, so far as they go. But
the main difference in regard to a settle
ment of the matter, and difference that
was not mentioned when the agreement
was made yesterday, is one imposed by the
Southern-that all litigation in regard to
the ownership of Peabody street must
cease within four years.
This is the rock on which the two roads
split. The Southern would not sign the
agreement unless this was put in and the
Seaboard would not sign if it was in The
Seaboard claims that the Southern could
very easily block the courts, and when the
our years had expired the Seaboard would
lose all rights on the street by virtue of
his agreement
The above Is. in substance, what tran
;pired at the meeting of the commission
-oday when the proposition made and ac-
,epted yesterday by the two roads was
hrown to the wind and the commission or
Tered the depot erected. In the following
eport of the days surprises and by-pays
hat should be expected of no one but
children. is given the propositions of the
and Southern, as submitted to,
lay, both of which were turned down by
he other road.
There was long delay in the commits
ion resuming the hearing of the depot
natter this morning When adjournment
vas taken yesterday afternoon it was de-
ided to resume the hearing this morning
t 8. Promptly at the hour named the
lembers of the commission and represen-
ltlves of the Seaboard road were on hand
he representatives of the Southern sent
ord asking for two hours in which the
ttorneys wished to consult over some
latters. This was allowed. 1t was 1880
clock when Chairman Mcneil raped
ne court to order and asked if the de-
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