The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-06
lEditorial Correspondenee.)

only by the case of the Southern Rail-
way VS.. the City of Durham That lit
igation would never have been begun
if Durham had been willing to give the
Southern Railway a monopoly OF It's
transportation business. After two
streets-Peabody and Pettigrew-had
been dedicated to public use since
Durham was incorporated, the South
ern suddenly woke up to the fact that
it needed Peabody street-every foot
of it. for it's growing business. 1t gave
away that contention absolutely when
it sold portion of the old North Caro-
lima Railway right of way to the OK
ford and GAINESVILLE road. 1t had
plenty of land, and to spare. when 1t
wanted to let in a road that it con-
trolled; it needed every foot If Dur
ham wanted it to secure railroad COM
petition, or to use for the necessary
travel on the streets!
For forty years, Pettigrew street
drumming right in front of the Bull fac
tory) has been in the undisputed pos
session of the city of Durham and the
land has been in every way dedicated
to public use. The Southern never
found out that it needed that street
until Durham secured a legislative act
by which> the Corporation Commission
could compel the Southern to elevate
it's tracks at Carr street so the peo-
pie could so from north to south Dur
ham without endangering their lives
an elevation absolutely necessary to
the city. Then it suddenly discovered
that it needed all of Pettigrew street,
and at midnight went to work to lay
a track in the middle of the street. But
for the legislative act, Pettigrew street
would not have been grabbed at night.
These are not the only grievances the
Southern Railway bosses have against
Durham. They have never forgiven
the agitation begun here that resulted
in the passage of the Fuller act. That
law forced the construction of union
depot and brought about an agree |
ment by which the Seaboard obtained |
permanent trackage privileges. When !
the Seaboard obtained these, it had |
no more need to fight, and it had no
further interest in the litigation.
There are some facts with reference |
to the visit of Big Aleck Andrews and |
Little Aleck'' to Durham on Monday |
that are not without interest. There
had already been conferences between |
the attorneys for the Southern and |
attorneys for the city and they had |
about reached an agreement. When |
Colonel Andrews appeared on the |
scene it was believed that the long
controversy would be ended, Durham
agreed to make every proper and gen.
erOus concession. Then there was a |
demand by Col Andrews that the |
Durham aldermen put in writing what |
they would agree to do. They did |
not object to written agreement, but |
Col Andrews Informed them THAT |
while he wished them to sign a paper |
would not sign any paper binding |
himself to carry out his agreements |
that they must take his word! Did |
you ever hear any thing the equal of |
that gall--refuse to sign himself, but |
require that the other parties to the |
agreement bind themselves in writing! |
1t was another case of "You may take |
the buzzard and 1 will take the tur-
key, or 1 will take the turkey and |
you may take the buzzard," and the |
T1tYr Ioy oil
to abase themselves at the behest of |
a railroad king of this province, the |
agent of the absentee railroad land
lords of this Ireland regarded only by |
the Southern Railway for the cash it |
gets from high freight rates and high
passenger rates.
The belief here is that with the
refusal of Col. Andrews to meet the
more than half way concessions of |
the people of Durham, all hope Of a
compromise has departed, and that |
the hearing will take place before
Judge Pritchard in Asheville next |
Tuesday. The aldermen, conscious of |
having done nothing except to try |
~
"a meanin' of no harm to nobody" are
not scared. They never heard of the |
Purnell decree-made after his Opin-
ion upon Il point not i'm litigation
that Pettigrew street had been given |
to the Southern. If they ever heard |
any decree read they thought it ap-
piled only to the street peabody |
that had been in litigation, and there |
is no element of contempt in their ac- |
ton. If they are in contempt, SO is |
Judge PEBBLES and so is this whole |
town. If all who agree with them |
are to be put in Jail, the whole of |
Durham will have to be converted into |
a Jail for nobody here believes that in |
fighting in the courts for the control |
of Pettigrew street the aldermen are
guilty of any crime for which they |
ought to be hailed to Asheville OF |
course it will put money in the South |
ern's pocket to make the aldermen |
travel to and from Asheville. No |
other railroad reaches A cbavilIa av-