The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-05-29
NO INJUNCTION
TO Be GRANTED
AGAINST ELECTRIC COMPANY
EFFECT OF STATEMENT MADE 81
JUDGE CAM.

No Action Has Yet Been Taken
Either Way, However Question
VIII Be Finally Disposed of Satur-
day Property Owners Filed
Amendment 10 Original Bill OF
CompIhlnt-Atthcked Constitution
altty Of ComPauy's Charter-Su-
prerue Court Decisions with Com
pany.
Though nc final action has been taken
or the Application Of the Gwinnett
street property holders for ar in5uno-
non against the Savannah Electric
Company, the court viii decide in
favor Of he city and the company un-
less counsel for the plaintiffs convince
him that decisions or the point in CUES
ton are not unanimous.
This was clearly indicated by the
remarks Of Judge Cam Ct the hear
ing yesterday, though he clearly stated
that he did not make has statements
as precursors Of his opinion.
The statement Of the court was made
AFTER argument had been practically
concluded. The substances Of the state
ments Was that under the law, the
court could see no reason why the
company should not be permitted 10
lay its tracks along one street as well
as along another. provided there was
no great detriment 10 property, and
where there was no actual cucumber
ing The decisions on the point seem
ed unanimous 10 the court.
II the City Council has the right 10
give permission to the company 10 lay
its tracks along q certain street it Ger
FAMILY has the power 10 grant the
privilege Of laying them along any
other street OF the city. Judge Cam
said. Unless some valid reason can
be shown why the company should
be restrained. the court stated that
under the Law he did not see how ne
could grant permanent injunction.
IN closing his remarks Judge Cam
stated that he desired counsel 10 in
form him If he had misunderstood any
parT Of their remarks dealing with this
question Of right. No replies were
made, except on minor points Of the
original complaint and the amendment.
Argument has been finished and Judge
Cam has the matter under Amusement
The matter will come up again on
Saturday morning.
An Amendment Wac Filled
Adams & Adams and Mr.. W. P. Har-
dee, attorneys for the property hold
ers, fled their amendment 10 the orig
inal bill Of complaint in the case Of
Mrs. karow against the electric com
pany. In the amendment counsel d.
Tectly attacks the charter Of the troll
ley company, claiming that it is uncon-
Etitutional
The charter is claimed TO be uncon-
stitutlonal owing TO the fact that the
Secretary Of State granted il before the
municipal authorities had been con-
sulN@o. This is claimed 10 be in VIC
1S<ion OF the statutes and contrary 10
The state constitution. II liz this ale
cation which forms one Of the most
important features Of the amendment
No Necessity for Tracks.
Ths amendment further claims that
the company has never hsret ofore laid
any tracks in the territory under dis
pate. ard that there is not and never
has been any necessity for such tracks
GH1nneft street, II is claimed. has al
ways been recognized as a residence
street..
II Is further urged that the laying
Of the tracks VIII deDreciate the value
OF the petitioners property to more
than $1,000. The tracks. il is alleged.
are not being LAID for the purpose Of
carrying passengers Of the company
bat for the distribution Of cars az
night, and for The private convenience
Of The company The general noise
that viii result Ia claimed 70 be very
damaging 70 the value Of the Gwinnett
street residences as homes.
History Of the Case.
Then follows e recital OF the history
Of the case since II was first brought
before Council about two years ago.
The resolution is alleged 20 have been
passed after midnight. and in spite Of
she faI that the Mayor had promised
certain OF the property holders that no
nasty action would be taken What
pErpvTts 70 be q statement of the con-
dF3ons existing in Council on the night
The resolution was passed as then set
forth
The tracks are then claimed TO be
for the convenience Of the company
only, and NOT for the general convent
ence or % answer the demands of the
exigeDcy Of the occasion. Ii is denied
that the proposed subway demands the
tracks and attention is called to the
fact that the company has taken no
steps 70 repay for tine resultant dam
ages.
supreme court Decision.
In closing il is demanded that the
company produce its authority from
the Legisla ture for its action Attach
&c 10 the amendment is a copy of the
petition Of the property holders which
was presented TO the Mayor.
Counsel for the electric company
was able TO produce decisions TO show
that the laying Of a street railway
track is public Improvement in it.
self and commended that. even with
out reference 70 the subway the com
pany was being deprived Of its rights.
But for the fact that the company was
being restrained by Judge Speer the
question would have been disposed Of
BY Judge Cam al the hearing
sfernssrg a Co.'s Bankrupt Jewelry
stock.
Is being sold. TO obtain room for a
complete new sfnrfr az r,tinos,Slx 1o~x.