The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-19
WINSTON & FULLER,
LEIGH r.. WATTS,
July 18th. 1903.


July 18th, 1903"
THE SOUTHERN'S PROPOSITION.
Col Henderson, representing the South
ern. then arose anu said that joining in
the regret of my distinguished friend,
the enemy, l beg to state from our stand
point that we were in friendly confer
ence until after midnight last night" He
then said: dOur position in this matter
is that the Southern owns that entire dis
puted right of way. We have been en-
deavoring to form consent arrangement
of what was proposed yesterday afternoon.
We both deny that the proposition of the
other is correct. To the casual observer
there is little difference. but to railroad
man the difference is great. / will read to
the court our proposition, which is as fol-
lows:
:" So much has been said by the S. A. l..
Railway and its attorneys and the aItor-
neys of the city OF Durham as to the large
travel over the Southern Railway as com
pared to other lines in this city that | am
afraid to undertake to handle this large
number Of passengers by leaving our main
line and right of way and running across
"A.
L. Railway, and what is called Peabody
street and get into a station located off
on fright of way. Mr. Barr says that
station shed should be 400 feet long and
$50 feet in depth. There should be park
in front OF the depot for carriages, We
hicles. ETC. Mr.. Barr has consented to
locate this depot between Roxboro and
Mangum streets, provided the depot does
not interfere with his track Now with
a view of settling this matter, / viii ac7
cept Mr. Bars proposition with the pro-
yiso that there shall be track run upon
the union station land for the use of the
S A L. Railway. to enable them to reach
their freight depot near Dukes factory,
with the express understanding that if
the courts should decide that the N c..
r. r. and the Southern Railway Com
pany as lessee of the N. G. r. r. own
this right OF way they will at once re-
move their track, unless the courts shall in
the condemnation proceedings sustain their
right to the same. And, provided further,
that the case shall be finally concluded
within the next four years, otherwise,
their right to the said track shall cease
So far as the Southern Railway is con-
claim deed from the city for Peabody
cerned it neither needs nor desires quit
street. This same proposition applies to
the proposed location between Corcoran
and Carr Streets"
After reading the report Col Henderson
said that he would simply state that not
withstanding 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. He spoke for several minutes.
IN which he defined the position of the
Seaboard road We had reached an agree
ment with the exception of one point. he
said, and when that point was reached the
Seaboard was informed by Col. Andrews
that nothing would be done towards UNI
ion depot unless it was placed in Pea
body street. the right of way claimed by
the Southern. I'VE decline the PROPOSE
ton with thanks he said 1--WE will go in
to no scheme to take away from the Sea.
board Air Line the street. Should the
courts decide against US we have condem-
nation suit pending. For that reason we
will not agree to stop all litigation inside
four years
Continuing Judge Watts told the corpor.
alton 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 |
willing and ready to obey the order of the
court and erect the station. All we ask is