The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-21
A NIGHT INVASION
BY The SOUTHERN
Durham AWakes to Find Strenuous Gangs of Road
Builders in Possession of Pettigrew and
Peabody Streets.

both streets had been taken possession
of by the Southern road. There was
especially great Indignation as to the
Pettigrew street side, as this did not
have railroad track in it, and the
street had never been in litigation
This street was condemned and taken
in 1874, and several years ago was ma
cadamized. The tracks laid covered
the street to within four feet of the
sidewalk, the new roads being laid on
the macadam.
Judge PEBBLES, who is holding court
here this week, reached Durham soon
after 10 o'clock and at 10:40 o'clock a
restraining order was served by Sheriff
Markham to prevent any further work
on Pettigrew street. This put a stop
to that work and there can be moth
ing done until next Friday morning
when the matter is made returnable
before the judge.
Aldermen in Special Session.
At IL o'clock this morning there
was Il special meeting of the board of
city aldermen. This meeting was
held for the purpose of taking some
steps 20 prevent the road getting hold
of the two streets.
1t was learned that the new track
on Peabody street side was for the
purpose of connecting with the Nor
folk and Western road in order for
that road to get to the new union de-
pot station. Sometime ago the alder
men had given the Norfolk and West
ern road a license to cross Chapel Hill
street to make connection. This morn
ing the aldermen revoked this license
for the present and now the track is
down, but the connection cannot be
made.
The last Legislature enacted a law
that gave the Corporation Commission
power to order three underground
crossings inside the city limits. one at
Carr street and at two other
points. The same law requires all new
tracks across the mouth of the Carr
street tunnel to be at a level with the
main line of the Southern road, and
not on a street grade, which is some
nine or ten feet below the track level
In laying the three tracks across the
mouth OF Carr street this law was vio-
lated In revoking the license of the
Seaboard TO cross Chapel Hill street
and make connections, it was stated
that when the Southern road has COM
piled with the State law in regard to
having the track at a level with the
main line track, then the permit will
be given the Norfolk and Western to
cross Chapel Hill street and make the
connections.
AS soon as this action was taken by
the aldermen, officers were placed at
the crossings between the Norfolk
and Western track and the new South
ern track These officers are instruct
ed to arrest any and every person that
attempts in any way to place a track
across this street.
Thus the matter stands at the pres
ent time. A big fight is on and there
is no telling when the matter will enc
or what a day will bring forth.
Fast Work Done.
When the large force of men reach
ed here this morning there was some
fast work done, The force was under
direction of superintendent e. H.
Coapman, of Greensboro; Train Mas
ter b. G.. Falls, of Greensboro; Agent
J. b. Graham, of this city; Road Su-
pervisors A. c. Anderson and j. r.
Foulks, Road Master II. d. knight and
a half dozen section foremen picked
up in various places. The laborers
used were practically all colored men.
IT is learned that it was late Satur-
Gay night when Agent Graham receiv-
ed information that this step was to
be taken. and for him to have every
thing in readiness He was at the sta
tion when the special train came in
this morning and remained there from
that time on.
An Old Fight Renewed.
This is the same old fight between
the Southern road and the city of Dur
ham that was begun years and years
ago. This time the Southern had
taken the initiative, while i'm the first
fight the city began the trouble.
Some seventeen years ago the city
granted the Durham and Northern
road, now the Seaboard. the right to
lay track up Peabody street, this
street being on the right of way of
the North Carolina road, then the
Richmond and Danville and now the
Southern. Anticipating trouble and
opposition the track was laid in the
night and the city used force to pre-
vent the Richmond and Danville road
from taking possession of the new
track.
Then began the long litigatic
made the Peabody street SUI
Now the same matter is i d
in regard 10 Pettgrew
south side of the Southe
the railroad fdlks are tai a -
iative,
It was the intention of
thorities to take steps at IT,
of the aldermen tonight to il
aid of the Corporation Comm 500
force the tunnel through at IT,
street crossing, as provided in He las
recently enacted by the Legis 3N
In some way the railroad peop
wind of this. hence the act of rs
morning in slipping in before day
laying the tracks.
The citizens are warm about
matter and nearly everybody is
hgnung humor. There are some VIII,
slde with the roads; others think thai
potn sides should have taken the mat
ter into court for a settlement before
anything was done. and there are still
/ others who are in favnr of raftil,nr 10.