The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-07-21

ItaiIWay and its attorneys and the at.or-
ht-9 Is ne city u Durham - 10 the 4arge
ttNel over the southern Railway - com
ptiea 7" other lines III this elty That ! am
tiat9 l' Undertake 10 handle TINS lare,
hdIHbtf ~ passengers by leaving our mann
tae qua night VI way and running across
our own >idetrack. tAe track u THE : A
II Runway. and what ~ called Peabody
-tieet and gel into q station lot1ted on
ea fright u nay Mr.. Barr sass thar q
~1tiioh she'd should Is 800 tcet long and
r. ieet II depth. There should l., 4 park
e 'front.' ~ The depot Tor carriages. r.
icie~. etc Mr.. Barr h1- consented ~
i'g@te TINS depot between RoxbofO and
AallSun streets. provided the depot dos
L'aN Ihlritrfe with has tJack Eoa with
Y View III setting this matter. | WlIl ae-
sspL III. Bars proposition wtth The prs
Ni~o mat there shall be & track run ui8n
me lAipn station lind Tor the u~e ii the
; :. / Runway. - enable them to rtach
thelf freight depot near Dukes factory
WITH the express understanding that Fl
the courts should decide that the \ g.
~ X. and the Southern Railway com
pahy a~ lessee Of the y. g. r. r.. own
TIN. hight oil way they viii at once re-
move their track, unless the courts shall IN
the condemnation proceedings sustain their
rghf = the same. And, provided further.
mat the case shall be finally concluded
"lthlh the next four years, otherwise
thelf right TO the Said track SHAH cease
80 lar rs the Southern Railway Is con
cam deed from the city for Peabody
cerned 1T neither needs nor desires a quIt
street. This same proposition applies to
the proposed location between Corcoran
end Carr Streets.
After reading the report Col Henderson
sad that he would simply state that not
Nlthstandlng the pleadings OF the South
ern he submit these two propositions for
the consideration of the court.
ARGUMENT OF COUNSEL.
Following this there was much argument
Of counsel, Judge Watts, OF the Seaboard
leading off. lie spoke Tor several minutes,
III which he defined the position OF the
~Seaboafd road. We had reached an agree
lnent with the exception of one point, he
sad, and when that point was reached the
Seaboard was informed by Col. Andrews
that nothing would be lone towards a un-
ION depot unless it was placed IN Pea
body street, the right OF way claimed by
the southern. I'VE decline the PROPOSE
tlon with thanks he said. I'VE will go IN
70 no scheme to take away from the Sea
board Air Line the street. Should the
courts decide against us we have 4 cCndem-
nation suit pending. For that reason we
vail not agree to stop all litigation inside
Tour years"
Continuing Judge Watts told the corpor-
allon commission to take the whole mat
ter IN hand and If the commission thought
proper To order the depot. name the mar
ket house site if they desire and 1--WE are
Wiling and ready to obey the order Of the
court and erect the station. All we ask is
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 read, 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 Il lively tilt between Col.
Henderson and Mr.. Busbee on the south
ern side and Judge Watts and Judge Win
9ton 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..
v. $. 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 a certain
length OF time III 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
beng 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 18th 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
ot evidence IN the cause, the COMMISSION
adjourned to meet again on the 18th day
OF July. 1908, at 10 o'clock a. 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