The Savannah morning news., 1904-06-06
CITY DENIES 1T
DID WRONG
GWINNETT STREET CASE UP.
JUDGE STEER WILL HEAR ARGU-
MENT IN MACON TO-DAY.

Beth the City and the Savannah
Electric Company Have Prepared
Their Ansvvcrp-It L. Alleged THAT
the Court Has no Jurisdiction ana
That no Federal Question Is In
voIved-City Declares That IL Did
Not Grant Franchise Secretly.
The answers of both the city and the
Savannah Electric Company to the
petition of J. B. Hoist and others for
an injunction to stop the laying Of the
street car tracks on Gwinnett street
will be filed with Judge Emory Speer
in Macon this morning. to-day having
been set by the court for the defen-
dants TO appear and show cause why
the injunction should not be granted.
The city will not be represented BY
an attorney at the hearing.
Mayor Myers said yesterday that he
did not think it necessary for Col.
Garrard. the city attorney, to be pres
snt. The city's answer, which Col.
Garrard prepared, will be presented
and the attorneys for the car COM
pany and the property owners will be
It'll W llBnl ALlC bdAllE Ouls ht eAAA~
swer of the street company, prepared
by Osborne & Lawrence, is similar to
the citys answer. The answer of both
the car company and the city so far
as the raw in the case is concerned is
the same. 1t is stated:
First: That the bill shows on its face
that the court has no jurisdiction.
No Equity in Bill.
Second. That there is no equity in
the bill.
Third. That the bill discloses on its
face that no one of the compliments
alleges damage TO property to the re-
quired jurisdictional amount, except j.
=. Hoist, and that as TO him it is
shown in and by the bill that he has
adequate and complete remedy at law,
no allegation being made of the insol-
Vency of the defendants.
Fourth. That no federal question is
involved in the bill, as is clearly dis
closed on its face.
Fifth. That the bill states no cause
of action, and makes no case for in
junction or other relief
In the citys answer, the order of
business before Council is set out. and
it is shown that both the application
for the franchise and the petition of
the property owners asking that 1T be
not granted We're received as informal
ton" 1t is admitted that the resolu-
tion was adopted without any notice
being given to the public, but it is stat
ed that there is no law requiring that
resolutions be read twice and adver-
tised before being passed, though such
is the case with ordinances, except by
unanimous consent of the aldermen
present at the meeting. The resolution
was adopted in the regular way, 1t is
stated, and is legal.
Was Not Kept Secret.
1t is denied that the consideration of
the matter was purposely kept secret
as the property owners allege. Partic-
ular stress is laid upon the appearance
of Mr.. William p. Hardee before the
Committee of the Whole. 1t is de-
MED that any irreparable damage will
be done any one of the property own
ers along the street. 1t is also denied
that Mr.. Hoist would be prevented
from using the street in front of his
house.
The work is to be done under the
direction of the director of public
works and the Abercorn tracks are to
be moved about four feet to the west,
so that there will be room for the
curve without interfering with the ac-
cess to any of the property. 1t is
stated the street railroad asserted at
all times in the negotiations for the
Gwinnett street subway that the
tracks on the two blocks between Hab-
ersham and AbercOrn would be neces-
sary.
No Physical Interference.
1t is stated that the courts can grant
no relief, as there has been no physi-
cal interference with the right or ease
ment of the property owners. AS to
whether the tracks should be on
Gwinnett or some other street, the
city of Savannah is vested with the
right to decide, it is stated 1.-The
courts are relieved from such response
bility and have no right to interfere
Herewith"
The car company denies that there
will be any damage to the property
along the street, but it admits the
company would be liable If the prop
erty should be damaged in the mani
ner contemplated by the constitution
of the state of Georgia. Both
answers deny that any prop
or that the owners have any
property right to the street, any more
than any one else, except the right
of access to their property.
Attorneys w. w. Osborne and A. A.
Lawrence, representing the street rail-
road. and Attorney ]. Ferris Cam
for the property owners. left last night
for Macon. Manager l.. r. Nash of
the car company, and Mr.. j. B. Hoist
one of the property owners, have also
gone to attend the hearing
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