The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-23
Present City Railway
Threatens Injunction.
SAYS IT'S ILLEGAL.
But Unanimous Vote Passes the Ordi-
dinancc and the Present Company
Alex for an Ordinance That Will
Give Them Same Rights in
the City.

1t is now up to the promoters of the
Raleigh and Durham Passenger and
Power Company to make good their
promises and pledges to the city thai
Raleigh is to have a modern city rail-
way, and that the line will be ex-
tended to Durham.
At the adjourned meeting of the
hoard of Aldermen last night the
franchise for the use of the streets of
Raleigh for sixty years by the new
railway, was given by a unanimous
vote. There was practically no
change from the ordinance published
on tuesday morning, except that the
language was changed in few in
stances, and an added section gives the
Board of Aldermen the right on
thirty days notice to make changes in
the ordinance which will not affect
any essential provision.
The great interest that Raleigh has
in the matter was shown by the at
tendance at the meeting last night,
and by the applause given to argu-
ments advanced pro and con on the
question. Citizens of all condition
were present to see the final scene in
the making into law of an ordinance
that is hoped to give a new impetus
TO the growth and development of this
city.
The committee in charge of the
preparation of the ordinance made a
unanimous and favorable report on
the franchise but it did ont get
through without a determined fight
made on it by the attorneys and stock
holders of the present city railway
company. charter similar in terms,
except the provision as to a road to
N q ND will fyrrn loo Of n6 n
tional line and a line to the Union
Depot added. this to be done in six
months, was asked for by the present
railway. for a period of fifty-three
years, beginning in 1911. Col. T. NJ.
Argo, counsel on behalf of the present
railway, declared that the present rail-
way had an exclusive franchise till
1911. and that the board was without
authority to grant a franchise to
another till that time.
And then on top of this Colonel
Argo sounded a note of defiance ana
warning to the new company. 1t was
that as soon as spade of dirt was
dug, or a pick was lifted that an in
junction would be taken out. that the
way through the courts. General
Julian S. Carr, of Durham, a stock
holder in the present road urged that
the franchise be delayed for consid
Grafton. and that if it was granted
that the present city railway be given
one like it. He asked for a square
deal" and declared that the menace
of this new company would never in
duce him to sell unless fair price
was paid for his stock. His plea was
Il strong one.
Mr.. James II. Pou took up the cud-
gel for, the new company. He laugh
ed at what he termed Colonel Argos
Il lNn4 Anxro IL ICIyP
franchises were not allowed by the
Bill of Rights and that the Supreme
Court of North Carolina in A recent
decision had knocked out any exclu-
sive franchise business. He urged the
passage of the franchise without
bubble, and said that in seven or ten
Years 1t might do to talk of another
franchise to the present railway; that
it's promise to extend its system was
an old gag to the people of Raleigh.
AS to injunction against the new road
he told Col. Argo to come on, that the
new company would protect it's inter-
ests.
After two and a half hours of ar
gument for and against the franchise,
participated in by attorneys and
stockholders of the two roads involved,
the Aldermen only saying word or
SO incidentally, the rules were sus-
pended by unanimous vote and the
ordinance franchise was then passed
unanimously.
How IL Was Done.
When the Board met the first move
vas by the present railway. Alder
man Crocker presented an ordinance
and asked that it be considered. This
was objected to by Alderman Habel,
who said the primary purpose OF the
meeting was to hear the report of
the Committee on the new railway
franchise and not to take up new
matter. There was a long hitch for a
second TO Alderman Crocker'S motion
and finally it was announced that AL
derman Smith had seconded it. Then
Alderman Habel objected as he un-
derstood the ordinance was for a
franchise for the present company.
this similar to that of the new COM
pany, and that it's consideration now
would complicate matters.
Alderman Johnson said the COM
mfttee was ready to report, and the
motion of Alderman Croker was put
and lost. There was then tumble
IF remarks from various parties and
out of this permission was finally
given 10 Mr.. r. Il. Gray. attorney of
the present railway company, to speak
on the proposed ordinance for the
old company.
He explained that the proposed Or
dinance submitted by Alderman
Croker for the present company was
nearly similar to the one proposed
for the new company. That within
two years the present company would
increase its line by two miles ana run
line to the depot, the charter to
take effect at the end of the present
charter In 1911, except as to the two.
charter in 1911, except as to the two
miles of road to DE built by it
He urged that what was to be given
outside people ought to be given to
people at home with interests already
at work. He urged that there be ac-
ton on both franchises and that the
matter be referred back to the com
mittee to report on the two franchises
together.
Here Mr.. Pou put in a word or two.
Said he: THE reason and the where
foreness of the request is in the last
reqest.''
To this Mr.. Gray wanted to know
what Mr.. Pou meant, and Mr.. Pou
said that the purpose of the request
was TO delay action on the franchise