The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-10-11
CIRCUIT COURT
SUSTAINS CITY
IN GWINNETT STREET CASE
TEMPORARY INJUNCTION GRANTED
BY JUDGE sPEER DISSOLVED.

Decree of the District Court Is Re-
Vcrsed and the Case demanded.
Means Victory for the City and
the Electric COmpany-FuII Text
of Judge Pnrdee's Decision Is Ex-
pected to Reach savannah To-day.
Trolley Company VIII Proceed to
Connect Its Tracks Soon the
Decree of the Higher Court Is
Made Decree of Lower Court.
The decision of Judge Emory Speer,
in granting the injunction asked for
by the Gwinnett street property hold
ers has been reversed by Judge Don
Pardee of the United States Circuit
Court of Appeals
This information was received yes
terday in telegram to Osborne &
Lawrence, from the clerk of the court.
The telegram, though brief and giving
none of the text of Judge Pardee's
ruling. shows that the attorneys for
the electric company and for the city
have won a victory. The telegram is
as follows:
CITY of Savannah versus Hoist, ct
al. Temporary injunction dissolved.
Decree of district court reversed and
the cause remanded"
This means that just as soon as the
papers are filed here and the proper
orders taken the rails of the track laid
on. Gwinnett street may be connected
with the other tracks of the COM
pany and cars run.
Mr.. w. w. Osborne, in discussing the
matter, said: THE work can go
ahead just as soon as the final order
is taken. This order must, of course.
be taken in the court here. We were
sure of victory from the start and the
great mass of the decisions was on our
side of the controversy"
Disputed Nearly All Points.
Exception was taken to the ruling of
Judge Speer in nearly every particular
and evidently the contentious have
been sustained. All the points brought
up as grounds for reversal and for the
dissolving of the injunction were
argued at length before Judge Pardee.
The city was represented by Col
William Garrard. The interests of the
Electric company were looked after by
Osborne and Lawrence. The conten-
lions of the property holders were up
held by Maj. J.Ferris Cam and Hon.
Walter G. Charlton.
1t is expected that the full text of
Judge Pardee's ruling will reach the
clerk of the United States District
Court to-day to be filed for record. This
will give the complete scope of the de-
cision of the higher court and will
show on just what points Judge Speer
was reversed. Judge Speer is now
within the jurisdiction of the court,
being at Highlands, N. c.
The Chief Decision.
In granting the injunction Judge
Speer laid especial stress upon the
Fourteenth Amendment to the Consti-
tuition, which expressly states that no
state shall deprive any of its citizens
of life, liberty or property, without due
process of law. In the Gwinnett street
case he ruled that this had been done
by the aldermen of the city, a creation
of the state. Attention was called to
the time of granting the right to lay
the tracks. the methods employed,
etc. The court then declared that
under the provision of the constitution,
as well as under an express provision
of the city charter the permission to
lay the tracks was null and void.
The attorneys for the city and cleo
a decision of the Supreme Court hand
ed down on May 81, last. They called
attention to the fact that the law
gives the aldermen power to lay side
walks, pave streets. and other similar
privileges, and expressly states that
the courts cannot decide as to the wis
dom used in the exercise of this power.
Constitution is Satisfied.
Furthermore. they hold that the
constitution of the United States is
satisfied, referring especially to the
Fourteenth Amendment, if all the par
ties similarly situated are similarly
treated, given the same privileges, and
the same liabilities imposed on all. In
conclusion the decision says, referring
to paving case where the judgment
of aldermen was questioned:
ITO hold otherwise would be to sub
stitute the judgment of the court as
to the expediency or necessity of MAX
ing such Improvement for that of the
body delegated by law with power and
responsibility of action in the premises
The court below should have regarded
the judgment of the Board of Alder
men as conclusive"
1t was upon this decision, resem-
bling in all its details the Gwinnett
street case exactly, that the attorneys
for the city and the railway company