The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-25
CITY OF DURHAM
WINS FIRST BLOOD
Judge PEBBLES, After Hearing, Confines Restrain
ing Order Against "Moonshne' Tracks
and Durham Smiles Broadly

Chambers and S. NJ. Gattis, Esq. who
rose to say that he represented the
North Carolina Railroad, and was
standing behind the people we have
before US.
Opposed to this array sat on the left
of the bar Messrs. j. NJ. Manning and
Howard Foushee, representing the
town. and near them Judge Winston,
Mr. John Sprunt Hill, j. Crawford
Biggs and others, who were not en-
ployed i'm the case but there from in
terest.
The City's Complaint.
Major Guthrie stated that on behalf
of the Southern Railroad he was ready
10 submit a motion, but the judge or
dered first the reading of the COM
plaint. which was done by Mr.. Fou-
shee. The complaint set out the facts
as they are already known as to Pet
tigrew street, which was described as
being forty feet wide, with an eight
foot sidewalk, paved with vitritied
brick, etc. that it had been in pos
session of the town of Durham since
1868 or 1869 without interference or
suggestion that it did not have the
ownership thereof, referred to the cut
ting of Carr street tunnel by the old
Richmond and Danville as one of
many acts of dedication of the right
of way to the uses of the people and
set up that the town had acquired
right of easement in the street by long
and continuous use of the same as a
street and for city purposes.
Judge PEBBLES then called attention
to the fact that the street was stated
to have been in use longer than the
charter of the city of Durham and
Mr.. Foushee explained that the city
charter had succeeded that of the
older town charter, which was grant
ed in the late sixties, the judge stat
ing that either side could amend their
pleadings so as TO get the case in shape
for a hearing on it's merits.
The complaint also alleged the facts
already published as to the laying of
the tracks on Peabody and PettigreS
streets by a large force of hands under
superintendent Z. II. Copeland, the
damage TO the street etc, and prayed
the temporary restraining order which
had already been granted.
Major Guthrie Moves to Dissolve.
At the conclusion of the reading of
the complaint Major Guthrie made a
motion to dissolve the injunction and
proceeded to read an affidavit from Su-
perintendent Copeland, in which it was
stated that all the tracks which had
of way of the North Carolina Rail-
road, leased to the Southern; that this
right of way was one hundred feet
from the centre of the track longitude
nally throughout the entire portion OF
the city traversed by the road.
THAT means two hundred feet"
explained Major Guthrie and Judge
PEBBLES, who had been keeping quiet
for some time, snapped him off on the
instant with q dTy:
II understand what you say; go
on"
The affidavit of Mr.. Copeland went
on to say that up to the time of the To-
cation of the depot at Church street,
the Southern, while it had been ham,
pered for the lack of room, was not
in nearly so great need of trackage ia
ciIities as it found itself after the COM
pletion of that building. The South
ern wanted the new depot located at
Corcoran street Had this been done
its side track facilities would not have
been so greatly reduced as they had
been. Unless the track which had
been laid on Peabody street for the use
of the Norfolk and Western could be
used, there would be no way for that
road to get into the new depot, ana
the need for more side tracks had be-
come imperative and it was necessary
for the Southern to use Pettigrew
street, the north side of the right of
way being necessary for the Norfolk
and Western to get into the town and
the south side of Pettigrew street for
the imperative side tracks. The in
crease of business in the local freights
at Durham, said Mr.. Copeland. had
been 40 per cent. over 903 and the vol
ume of business made the sidetracks
imperative. With the sidetrack facili-
ties diminished as they had been by
the location of the new union depot.
it was physically impossible TO handle
the additional cars required without
the additional tracks. 1t was a COM
mon occurrence for as many as a hum
dred cars to be kept away from the
city for lack of trackage for their
accommodation. So far this year
6.391 more cars had been handled at
Durham than in the same period in
1904. Mr.. Copeland also referred to
delays caused TO the passenger trains
by congested traffic on the Oxford and
Gainesville branch and the North
Carolina road The affidavit then
went on to say that school children
passed the tracks at Corcoran and
Chapel Hill streets; that Carr street
stopped on the south side of the track
1t went on TO aver that there had been
much bitter feeling between the city
and citizens and the railroad about
street privileges, and that ii had been
finally decreed by the Circuit Courl
that the Southern Railway was en-
titled TO the immediate possession of
a strip of ground 200 feet wide ana
an order restraining the plaintiff city
OF Durham from interfering with the
possession of such right of way. The
decision had been made on February
23rd. 1903, and Major Guthrie read
the decree, which was attached to the
affidavit of Mr.. Copeland. AS Mr..
Guthrie proceeded to read the decree
OF Judge Purnell he dwelt lovingly on
The words and the terms .nossession'