The Savannah morning news., 1904-05-27
TO SIGN SUBWAY
CONTRACT TO-DAY
MAYOR WILL PRESENT IT
AND PRESIDENT BALDWIN WILL
AFFIX HIS SIGNATURE.

Gwinnett street Track Injunction
viii Not Hold Up subway Contract.
President Baldwin, of Electric
Company. Says He viii Sign I'm
less shown "a Legal Reason Not to.
There 10 None 1t Now seems.
strenuous Day for street Halfway.
Mayor Myers Will to-day present the
subway contract 10 President Baldwin
of the Savannah Electric Company ana
he viii sign it. despite the fact that
legal battle was begun yesterday morn
ing when the residents of Gwinnett
street, between Abercorn and Haber-
sham streets. discovered a force of Sa-
vannah Electric Company wo-kmen
laying tracks on the street.
The residents were aroused from their
sIumbers by the driving of spikes ana
the unloading of poles. crossties and
rails They hadn't even had time to
rub their eyes and read in the Morn
ing News that they would awake to
find a street car line in front Of their
homes. They were dazed for the time
being, and it was some time before
they got into action.
So far as the court records show,
Maj Edward Kauow was the first Of
the residents who knew that something
was happening. He resides at the
northwest corner Of Habersham and
Gwnnett streets. and the material
was unloaded at that point. Within an
almost incredible short space of time
the laborers were driving spikes
and Mai. Karow was aroused. 1t was
difficult for him to realize just what
was happening, although it was quite
clear that he was not having a bad
dream.
Attorney Didn't Hear Noise.
Just how long it took Maj Karow
to get to the home of Mr.. William
P. Hardee, a block further west,
or just how completely he was dressed,
are not matters of record.
Mr.. Hardee says he was awakened
by the violent ringing of his bell. He
got his dressing gown on in short or
der and answered the call. When Mr..
Hardee opened the front door he was
astounded at what he saw-not at Maj.
Karow. but at the busy scene in the
street in front of his home.
1T would have amazed you, sir to
have seen them scurrying that track
across that street." said Mr.. Hardce
in describing the scene that met his
gaze to Judge Paul L. Seabrook when
partial hearing was had in the Su-
periOr Court some hours later.
Lawyer Dressed in Hurry.
There was a brief conference-in
negligee-and MIR. Hardee hurried back
upstairs to dress. After he had made
himself presentable for the street he
lost no time in reaching the home
of Maj, Karow. Without delay an
application for a temporary injunction
was written.
The legal document was drawn up
by Mr.. Hardee on note paper furnished
by Mai. Karow, and was signed by
Mrs. Karow. 1t was hurriedly pen
ned, but the laborers were working
with lightning like rapidty. and every
minute counted. The mere physical
activity of Maj. Karow and Mr. Har-
dee had not in the slightest degree
disconnected the Electric Company's
forces. Indeed, they seemed to settle
down TO harder work.
Looking for "a Judge.
With the application for a restrain
ing order in his pocket, and determine
ton in his eye, Mr.. Hardee set out to
ind a Judge. Then the discovery was
made that Judge Cam was not in the
city. and that Judge Seabrook would
not arrive from the country until
o'clock.
In the meantime the laborers were
working as they never worked before.
But Judge Seabrook finally arrived and
heard MIR. Hardee out. Then the Judge
read the contents of the note paper and
agreed. He affixed his signature TO
the document, and in a very short while
the sound Of the hammers was stilled.
1t had been so ordered by the court.
Company Claimed Rights.
The company had taken the trouble
TO get permits for the necessary exca-
waiting by calling upon Health officer
Drummer at his residence, and was with
In sight of the finish when the restrain
ing order was served.
The men had done their work WELL
the wires were up, the poles We're in
place, the ties We're down and the rails
were fastened to the ties. A fiat car
had even been lifted across the pave
ment at Habersham street and run
over the new track. But no connec-
ton had been made at either Abercorn
or Habersham and the temporary in
junction had the desired effect.
1t was specified that the company
should show cause on Tuesday why
the temporary restraining order should
not be made permanent, but this was
by no means satisfactory 10 the cleo
trio company. Through it's counsel
Osborne a. Lawrence, ii asserted
that the restraining order had been
improvidently granted and asked that
II be rescinded.
constructing an Improvement"
Judge S. B. Adams and Mr.. Hardee
appeared for the property owners on
the street, and Mr.. Osborne and Mr..
Lawrence were on hand for the street
railway when the motion was
taken up, Mr.. Lawrence said
that the putting down of
the tracks was a part of the sub
way plan. and was u great public i'm
proVement. He said that il was some
thing that the people Of the city had
wanted for a long time.
The city, the Atlantic Coast Line
and the Savannah Electric Company
praiseWorthy matter" said Mr.. Law
renee, and had just reached the point
where they are going to do something
when these gentlemen come forth and
put an obstruction on this great pub
lie improvement. The property owners
may sue the railway company and get
damages, If they are damaged. We ask
that the order granted on an exparte
bill be rescinded."
mot born of subway Plan"