The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-22
THE DURHAM RAILROAD SITUA.
TION.

THE DURHAM RAILROAD SITUA-
TION.
For many years the city of Durham
has been the seat of a railroad war
because its people refused TO submit to
q monopoly i'm transportation by the
Southern Railway.
That is the sole and only reason why
Durham has all these years been de-
MED decent depot accommodations and
why it is today held UP" and refused
the use of its streets by the Southern
Railway. That corporation always
regards a fair division fair only when
it gets it all. As long as Durham gave
the old Richmond and Danville Rail-
road all it's business, there was no sug-
gestion that the streets in that city ~
ing along the line of the old North
Carolina railroad had not been Iedi-
for all purposes. But when Durham
encouraged the building of another
road, then the Southern put in claim
that Peabody street belonged to it ana
no other railroad could enter into the
heart OF the business section of Dur
ham. The people of Durham had
since the town was incorporated used
Peabody street until it became irreyO-
cably dedicated to public use. and In
the control OF the Board of Aldermen
OF Durham. 1t is a mistake to say
that the courts have held that Pea
body street belongs to the North Car
DINA railroad and to the Southern and
lessee. There was a decision that SO
far as the old r. & D. was concerned
their acts had caused 1t to be dedi-
Gated to use as a public street of Dur
ham and the r. & d. could not re-
claim it, but that it had not been ded-
icated by the North Carolina Railroad
and therefore would revert to them at
the close of the old lease. But that
question was never expressly decided.
1t went off upon "dog-fall.' If Dur.
ham will maintain its rights. it will
win the control of Peabody street. as
we'll as Pettigrew street. 1t is absurd
to say that Peabody street was dedi-
Gated to public use by the r. & d.
for which it was acting. and when the
case is clearly presented to the high
est courts with all the lights no such
decree will be made. And the Southern
Railway crowd knows it.
AS to the Federal Court decision.
that amounts to very little. 1t was
another "dog-fall'' in an inferior Fed
eral court. The town of Durham and
all North Carolina have learned that
in cases between towns or citizens
against the Southern Railway the
proper course to pursue is to go to
the highest court
In truth. though there has been a
falls and some minor orders. the
question of whether Peabody and Pet
tigrew street have been dedicated to
public use has never been passed upon
on it's merits by any appellate court.
and the question is one that must vet
be settled. If Durham makes the
mistake of yielding to the dictums or
'dog-falls'' and surrendering its right
to control Peabody street it will lose
the right to the control of its prin-
cipal street long dedicated to public
use and will lose power that should
forever belong to the city. AS to Pet
tigrew street, the claim for that was
never set up until the city of Durham
determined to compel the Southern
Railway to spend five thousand dol
lars in elevating its tracks so as to
protect the lives of the citizens of
Durham. The law permitting this
gave offence to the Muck-A-MuckS Of
the Southern Railway and they there
upon set up a claim to the ownership
of a street that works such injury
to Durham as cannot be estimated
except by a visit to the town and an
examination of the situation. There
is no court upon earth that would deny
to Durham the continued control of
these streets long dedicated to public
use with a map showing the situation
and with a clear and plain presenta-
ton of all the facts. AS to the North
Carolina railroad. which has leased us
property TO the Southern RAILWAY Tor
uinety-nine years 1T has no interest
in helping the Southern to work an
irrepa ra BILE injury to Durham, prompt
ed solely at first by a determinations
e. nave q. monopoly of Transportation
In Durham and later irritated because
COMPELLED to build a union depot AND
asked to elevate its tracks so that there
could be safe egress between South
Durham and North Durham.