The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-18

/ ed the point where they were .o
| longer tolarahtn
There had existed. said he, a great
! rivalry between Colonel Andrews Of
! the Southern. ana Gr. karr, OF the
/ Seaboard; that Colonel Andrews had
! pronounced the tunnels useless and
had threatened to nut the mayor and
citizens of the town, VINO should ny
tempt to interfere with grade cross
! ingS IN iail: that he had stated that
the board OF aldermen had no power
70 make an ordinance which they.
had passed requiring the tunnels
| under the track TO be kept unob-
Structed.
Mr. Hill pointed out the fact that
two of the tunnels hat been already
constructed. but tital they han been
rendered useless by thn roads putting
grade crossings acrosN the mouth of
them.
! Major Guthrie on it1iirO"d War.
Following MIR. Fill. Maior Guthrie.
representing the %.oriulk and Vest
ern, also took a shot foT inc sake of
his town pride as 10 the develop
ment OF Durham. gong Interestingly
into the histor' OF thcttoNn and stat
ing early facts in is history ana
that Of the North Carolina f.ailroad.
He took the grounG that tie bill
should be unfavorah.X r.p'nt"'!. b"-
cause the Railroad COMMITTEES al
ready had the power to require roads
to raise or lower their tracks, ana
that the pa5Sace OF the bill would he
an assumption of jU3ic.a. powers by
the legislative branch.
1t was in 1854. said Major Guthrie,
that the North Carolina Railroad first
came TO Durham, and at that time
there was only one house there, that
of DR.. Durham. and that the town
was named for him because he gave
three acres of land for the deuot.
Durham WIS Incorporated II 1859,
Colonel Argo, OF Raleigh. introducing
the bill. which provided that the
town should be circular in form. The
surveyor. however. declared that he
could not lay of a circle in that
rough country, and at the next leSis-
lature the boundaries were made to
suit his convenience TO include
mile square Speaking 10 stranger
recently said he. he Lad been asked
as TO what back country Durham
had and he had replied that IT IN
cluded Asia. Africa. France, England
and score OF other countries. Dur
ham was only postponing Its trade
with mars. he said, until the lnVen-
ton OF the flying machine, when the
first Durham man who took a trip
would put a Bull Durham tag of the
eye CT the man in the moon.
After this giittering picture. Ma
jor Guthrie went on TO say that al
though he was proud of his town and
its citizenship, he was not proud of
the way in which the town had at
tempted to encroach upon the rights
of the railroads and to rob it OF ITS
right OF way. Re referred in detail
to the Peabody street litigation, the
laying OF the Seaboard track ny
moonlight by the town authorities
and stated that the bill amounted to
the town of Durham coming To the
Legislature and asking it TO declare
that il was "A crime for it to use its
own property.
1t was a legislative Injunction, he
declared. which sought to nullify the
orders of the courts which had up
held the ownership of Peabody street
by the North Carolina road.
Major Guthrie spoke in all about
an hour, his chief argument being
as stated that the railroad commits
sion had the power under the act
creating ii TO do everything that WAS
asked by the bill. lie referred {,
the fact that not school child aad
been killed or injured at crossing.
to the fact that the Seal GARD haC
bought land for a new freight depot
on the proposed line OF the Carr
street extension. and would be put 70
great expense If it had TO raise all
the tracks which would be run to 1t
10 accommodate the freight of the
road.
Judge Wonack. of the Seaboard
Air Line, also spoke at length on the
matter of the new depot and the dis
advantages which would accrue 10
the road by reason of the Carr street
extension, and also argued as mad
Major Guthrie that the Corporation
Commission had full power 10 re-
quire ro2ds to raise or lower tneif
tracks for the purposes OF the public
safety or convenience. III answer
to questions, Judge Womack stated
that he believed that tho section of
the Corporation Commission act re-
ferred to included the right to require
4 road 10 tunnel its track.
Durham and the Railroads.
Mr.. j. Nj. Manning, attorney for
the city of Durham, next spoke for
the bill 1t was tn oDen secret said
he that the beneficiary of the litiga-
ton between the CITY OF durham and
the railroad was tho Seaboard Air
Line. which was the license of the
city. Long experience had shown
however that granting favors to rail-
roads MAS like throwing pearls before
swine Durham had never gotten
ANYTHING but trouble out of her rail
road experiences. Taking up the
question of the power OF the tofpor-
alton Commission to give relief. Nj.
Manning stated that when he heard
4 railroad lawyer talking about the
power TO regulate railroads existing
somewhere else than i'll the bill under
discussion he had learned TO be sus-
| picious of the existence of the pow
| er. He also took a wide range OF
argument as Major Guthrie had done
before, going INTO the matter OF the
! Durham depot and the litigation
with the North Carolina road on the
/ question of the right of way. lie had
| never known, said he. suggestion
| or a request made by the town OF
Durham of any railroad which had
not been refused and opposed
| The argument was enliyened