The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-09
END OF THE FIGHT
Settlement Between Dur
ham and the Southern.
Yesterday Afternoon The Final Step
EWas Taken at a Meeting of the
Beard of Aldermen of
Durham.

Especial to News and Observer
Durham, y. G., April s. Every de-
tail of the compromise between the
city and Southern Railway Company
has now been arranged and the long
drawn out litigation has been settled
The final settlement was arranged at
a special meeting of the board of city
aldermen, held yesterday afternoon, at
this meeting the aldermen endorsing
and ratifying an agreement that had
been reached between the attorneys III
the case. This afternoon the full terms
of this settlement were given to the
public for the first time. This settle
ment in full, as signed by the city and
railway authorities, is as follows:
Whereas, There has been for some
years controversies and litigation be-
tween the city of Durham, hereinafter
called 1.-The city" and the Southern
Railway Company, hereinafter called
the Railway" in regard to the con-
trol and possession by the railway of
it's right of way through the city, and
since both the city and the railway
desire that their controversies and
suits should cease, it is agreed and
stipulated:
/. That the city will forthwith, upon
the signing of this stipulation, instruct
it's attorneys to dismiss the suit Gin
Guiding the dismissal of the restraining
order) brought March goth, 1905, by
the city against the railway. and the
n. G. r. r. Company, said suit having
been moved to, and now pending in
the United States Circuit Court for
the Eastern District of North Caro-
lima, at the cost of the city, no damage
to be asked on the bond given by the
city for a restraining order
2. The Board of Aldermen will re-
peal the ordinance adopted August
23rd, 1904, in regard to the laying of
the track on SO much of the railway S
right of way as has been called Petit
grew street.
3. The railway company stipulates
that it will not further prosecute any
proceedings instituted by it for viola
ton of the decree and restraining or
der entered February 23rd, 1903, in
the former suit Of City of Durham vs.
Southern Railway Company, in the
United states Circuit Court for the
Eastern District of North Carolina, so
far as the mayor and Board of Alder
men are concerned, nor will the rail-
way company itself ask any further ac-
tion by the Circuit judge, the railway
company fully recognizes that it has no
power to control the course of the
court, and leaves the matter to the
court under this stipulation.
1t is distinctly understood and
agreed that nothing herein contained
shall ever be taken or construed in
any court or elsewhere as affecting or
modifying in any way the full force
and validity of said decree of February
23rd, 1903.
4. Nothing herein contained shall
affect the right of the city to prose-
cute it's petition for the proposed OK
tension Of Carr street before the North
Carolina Corporation Commission, or
to affect the right of the railway to
interpose all such defense as it may
desire to do
5. The Southern Railway Company
not yielding any rights which it has to
it's right of way of two hundred GOO
feeD feet in width through the city of
Durham. in order to accommodate the
city of Durham as far as it can safely
do With due regard to it's own needs
as a railroad company will remove
the track recently laid down on its
right of way south of the main line,
denominated by the city as Pettigrew
street, and move it as far north as it
deems practicable, and will not lay
any other track south of such track
along the right Of way, until in the
opinion Of the Southern Railway Corn