The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-21

NCpGCid4 " NEWS anu CucSiNSt.J
Durham. n G.. March Durham
has been all excitement today. There
is another railroad war on that
threatens to eclipse all fights between
the town and the Southern Railway
Company of the past.
When the citizens awoke this morn
ing it was to find that during the quiet
hours of the night the Southern road,
with force of some two hundred
hands, had taken possession of all of
Pettigrew and Peabody streets, having
laid part of two tracks in Pettigrew
and one track in Peabody. Through
out the day this has been all the talk
and public opinion has been strained
anu lne Iricuon noticeably great.
Judge PEBBLES reached here on the
morning train and a few minutes later
a restraining order was served on the
Southern to quit all work on the Pet
tigreW street side. In the meantime
there was a hurried call for meet-
ing of the board of aldermen and a
resolution was passed that will cary
the Peabody street side into the courts
again During all this time papers
are being prepared to AIRY the entire
matter before the State Corporation
Commission, which will probably be
done tomorrow. In this way the city
is taking three routes into the courts
and litigation is now on that will last
for years-at least that is the way the
matter now looks. Durham is certain
~ in a fighting humor andl there win
be Il fight to the finish
Taken by Surprise.
The action of the Southern in lay
ing tracks on the two streets in the
dead hours of the night came as a
great surprise to all. 1t is a repetition
of what the city did seventeen years
ago when the Seaboard track-then
the Durham and Northern-was laid
up Peabody street in the night time
and precipitated a legal fight that was
kept up in the courts for a period of
some sixteen years, with shOrt inter-
calls of rest.
The Southern forces reached here
on a special train this morning at
LAS o'clock. This train brought many
cars Of cross ties. irons and some $50
or zoo men. Without a stop the force
went on side track and a few mo-
ments later had broken the switch
lock that connected the Seaboard and
Southern tracks and the track was
showed on the Seaboard track and was
pushed along towards the Duke fac
tory In the meantime the men were
throwing off the cross ties and irons
as the train moved up the street. From
then until day the work was pushed
rapidly and part of thre tracks were
laid.
When Durham awoke this morning
the Peabody street track had been laia
from the Hotel Carolina to a noint
enar the Duke factory, some three
blocks in length; one track on the pei
tigrew street side had been laid two
thirds of that distance, and a third
track had been laid across the mouth
of the Carr street tunnel, this max
ing three additional tracks across the
mouth of this tunnel-two on the
south side and one on the north.
The Authorities Notified.
Soon after the arrival of the special
train Sergeant eagle who was on duty
at the time, notified Chief
Woodall and he directed that the city
attorney Hon II. A. Foushee, be noti-
fed This was done. The answer of
Mr. Foushee was that he did not know
that anything could be done at that
time OF night. This was while the
force of men were at work on the
Peabody street side Later. when the
force crossed to the other side. the au-
thorities were again advised this time
or soon after that word being sent tc
the mayor But the work proceeded
and It was a surprised town when the