The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-25

a thing that shows diabolical humour
i'm the engineer who mapped it out.
Provided that man could today dfiVH
from Corcoran to Chapel Hill street
along Pettigrew, he would have to slip
his team in and out like the lady in
the circus driving around a tent pole.
What such an experience would be
Like, with a long freight and shift
ing engine bunting around those
screaming curves may be easily mag
med. Even yesterday, crowds of peo>
pie were still walking moOdily up and
down this track. And even while the
men cussed, they laughed. There il
really an irresistible humour about
the way that track is laid.
The CruX OF the Joke.
And at the pitiful Carr street tun-
mel, which the city is laboring to have
opened up, is the browning joke of
the midnight toilers. Just across its
mouth is a section of track possibly
twenty feet long. II starts at one
and goes to the other end of the tun-
mel. 1t was the final piece of imperti-
nence which served on Durham the
notice of the intent. 1t is there that
| the people stand and cuss the most
and laugh almost with admiration.
Judge PEBBLES Makes Up His Mind.
At the afternoon session Judge
| PEBBLES wasted no time in making
| known his decision to continue the
| hearing, requiring the plaintiff city to
| give bond however, in the sum of five
| thousand dollars. He did this he said
| after reading the opinion of judge
Purnell, in which there was no REFER
ence to anything except Peabody
street, on which it was that the con-
| sent to the decree of the city of Dur
| ham was based. Mr.. Busbee tried to
make the court see. differently but
without avail.
The decree went further than the
! opinion, said he, and was based on the
cross bill of the railroad, which asked
affirmative relief and that it be re-
| stored to its right of way. There was
| the answer alleging the ownership, the
| decree sustaining 1t and no assignment
! of error. THE tail went with the
eye quoth Mr.. Busbee.
Judge PEBBLES replied that he did
not see how he could set up owner
| ship OF land and that Judge Purnell
| had rendered two Judgments. The
| final decree was i'm accordance with
| one, but when he came to render it he
| didn't do it in accordance with that
| one at ALL
MIR. Pou cited some more authori-
! ties in which Judge PEBBLES could see
no merit. He was glad, said he that
|
| not necessary at all to use Pettigrew
street to handle freight There were
some wood sheds which could be re.
moved and give plenty of room for the
| tracks.
At the end of the hearing Mr.. Pou
said he wanted it understood in the
| Judgment that the railroads had made
no motion, but JurSe Feebles refused
| this, since Major Guthrie had started
the day with a motion to dissolve the
restraining order. The legal effect of
| this will possibly be to force the rail-
road to appeal at once to the Supreme
Court instead of waiting for the hear
| ing, since unless they appeal the decis-
| ion overruling the motion might be-
| come binding in law, thus winning the
| case hands down for the city. The
way for appeal was cleared by an ex-
ception being taken. counsel stating
Ethat they would decide whether to
appeal or not later.
SO it was that first blood went to
the city in its latest railroad war.