The Savannah morning news., 1904-12-01
JUDGE SPEER
WANTS ENDING
OF eWINNETT STREET CASE.
rpuS ON WHICH SETTLEMENT
MIGHT BE REACHED.

s-~se.ted That Gwinnett street
line BE Used for Passenger serV-
g.. only and That Bolton street
NJ u.ed for Shunting Purposes.
ReDIies to Suggestion Made by
Either side-The City Not Inclined
"a Drop the Litigation.
rharA was a somewhat sudden ter
,,,nstion to the argument on the
cwinnett street case yesterday morn
,ng in the United States court, though
4. does not mean by any means that
the matter has been finally ended.
coI William Garrard for the city was
IN his feet reading the answer to the
,ula of the court requiring the city to
show cause why it should not be re-
strained from allowing the privileges
Of the Gwinnett street franchise to be
carried out, when Judge Speer request
ed him to suspend the reading for
few moments. This request was
promptly acceded to.
Judge Speer then stated that the
main element of damage on Gwinnett
street seemed to be the distribution of
cars early in the morning and late at
night. Under these circumstances he
suggested a compromise might be ar
rived at that would end the litigation.
The court then suggested as basis
only for the carrying of passengers
and that the Electric Company con-
tinue to do it's shunting on Bolton
street.
This suggestion was by no means en-
Enthusiastically received by counsel for
the defendants. In fact, there was,
on the contrary, a seeming disposition
to decline to consider the suggestion
of the court and to proceed with the
litigation. Judge Speer then an
nounced that court stood adjourned
until this morning, when. if no COM
promise had been reached, the matter
would be taken up again.
The Evidence Taken.
Considerable interest was manifested
in the hearing and besides the counsel
for the litigants, Mayor Myers, Mr..
J. B. Hoist, Mr.. L. r. Nash, and a
number of Gwinnett street property
holders were in the court room. The
petition for injunction was first read
by Maj. ]. Ferris Cam, representing
Mr.. Hoist. The allegations were as
given in the Morning News at the time
the petition was filed.
The answer of the city was then
taken up. Col Garrard claimed the
litigation was but a sham and a pre-
tense to invoke the jurisdiction of the
United States Court in a purely local
matter. He held that the court had no
jurisdiction and even if it had, there
was no allegation that the injury
done was without remedy, or that the
parties defendant were insolvent.
The Introduction of affidavits was
then begun, these being practically the
same as in the former case. The
complaint of the petitioners is also
based, as in the former case, on the
damage that will result if the. line is
allowed to be operated for shunting
purposes.
Considering the Proposition.
When Judge Speer made his sugges-
ton that the matter be dropped as
far as the court was concerned and
that compromise be arranged, no re-
ply was made by either side 1t was
stated later, however, that the property
holders would consent to such set
Element and that possibly the electric
company would be inclined to accept
the same terms.
1t is believed. however, that the city
will object to such a settlement. A
question of the right of the city is
concerned and there seems to be a gen.
eral desire to have the question finally
determined by the courts, in order
that it may serve as precedent should
similar cases arise in the future. Then,
too, the city has for a long time want
ed to get the tracks off Bolton street
because of its narrowness.
1 merely make the suggestion with
view to settlement" were the con-
GLIDING words of the court. "Of course,
If you gentlemen mean to fight, all
the court has to do is to sit and hear
It. However, I believe by adopting
the suggestion the city will be spared
much excitement and great deal of
annoyance"