The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-05-28
u. S. COURT STOPS
GWINNETT Line
THE PROPERTY OWNERS
SECURED AN INJUNCTION FROM
JUDGE SPEER.

Under an Alleged Violation of the
Fourteenth Amendment the OBJ
jecting Property Owners, Repre-
scented by }. Ferris Cam, sOuGhe
and Obtained the Intervention OF
the Federal COurt-Track Cannot
BE Laid for the Present.
Macon, May 27.--The Savannah
Electric Railway Company Will not put
| down its tracks on Gwinnett street. at
least for the present. The promoters
of that enterprise were to-day stopped
from further work or progress on that
line by an order issued by Judge EN-
ory Speer of the United States court in
chambers here to-day.
Before Judge Speer there appeared
Hon. J. Ferris Cam OF Savannah with d
petition from residents and property
owners on Gwinnett street. Attorney
Cam in presenting the plea of his client,
asserted that the construction of the
line designed by the railway builders
would greatly damage and depreoiate
the value of their ownings in that
section of the city.
In the petition It was asserted that
the permission to build the line had
been granted before those objecting
had a knowledge of even it's existence.
The prayer declared also that the prop
erty owners now obiecting had not
been given an opportunity to oppose
the building of the transit line. BY
the full exercise OF the powers given
in the franchise the petitioners allege
that they would be greatly damaged
and would be materially affected inan-
cially.
The petitioners. 1t was asserted, had
never been given an opportunity TO op-
pose the granting of the franchise in
volved. The methods pursued, Attor-
rey Cam declared. had deprived the
people of the value of their properties
without due process Of law, and as this
was done by the aid of Savannah, that
city being the representative of the
state of Georgia, the granting of the
franchise was in violation OF the Four
teenth amendment to the constitution
of the United States. which declares
that no state shall deprive any citizen
of life, liberty or property without due
process of law.
Judge Speer will give a final hearing
one day next week. the exact date to
be named soon after. court convenes to-
morrow.
1t was stated in Savannah that Mr..
J. B. Hoist was the property owner
who went into the United States
courts and asked for the Injunction
that was granted by Judge Speer
Mr.. Hoist said that any statement
of his reasons for going into the United
States courts would have TO come from
his attorney, Maj j. Ferris Cam. He
said that he had taken the step upon
the advice of Maj. Cam. Beyond this
he refused to discuss the subject. The
papers in the case and Mai. Cam are
expected this morning.
Mai Edward Karow said last night
that he knew nothing about the second
Injunction. my wife brought the in-
junction in the state court" he said.
"and know nothing about the other"
The property owners were not very
communicative during the day. 1t was
evident that advice had been given
them, and that they had determined
not to talk, or write either.
1t Is known that during the morning
some of the ladies interested We're pre-
pairing a communication on the SUBJ
ject. The plans however, must have
been changed later and nothing trans
pired.