The sea coast echo. [volume] (Bay Saint Louis, Miss.) 1892-current, 1905-07-22
GULF COAST ELECTRIC
ROAD IS MJOINED.
Mississippi Supreme Court Has Is
sued Order, and Chancellor Wood
viii Try the Case-Spirited Fight
Is i'm Prospect Captain Jones and
His Friends Want an Early Trial.

The Mississippi Supreme Court has
granted a temporary injunction restrain
ing the Gulf Coast Traction Company
from constructing an electric inter-
urban railway between Biloxi and Gulf
port.
The restraining order was applied fol
by Messrs. Green and Green, attorneys,
of Jackson, acting for Gen. T. Marshall
Miller. of New Orleans, who represents
several New Orleans citizens who have
homes on the Mississippi coast and will
appear as plaintiffs in the litigation to
follow. The order is made returnable
before Chancellor Wood, of the gulf
coast district, but thus far no date for
hearing has been set.
This is the beginning of what will
prove one of the most notable pieces of
litigation in the history of civil juris-
prudence in Mississippi. For nearly
six months lively controversy has been
in progress over the proposed construc-
tion of an electric railway between Gulf
port and Biloxi, the opposition being
based chiefly on the ground that the
town council of Pass Christian granted
authority to the traction company to
use the famous beach driveway, which
is splendid shell road lined with beau
tiful live oaks.
A spirited fight was made before
Governor Vardaman to prevent the ap-
proval of the charter for the Gulf Coast
Traction Company, but the governor re-
fused to take hand in the fight, hold
ing that he had no optional power in
the matter, but would be compelled to
approve the charter If presented in
proper legal form. The first draft of
the charter was not satisfactory to the
governor, but after amendments and re-
visions were made it was approved.
The litigation just instituted does not
come in the nature of a surprise to
Capt. J. T. Jonss, the millionaire pro-
moter of the road, and his associates,
many of the latter being prominent gulf
coast citizens. All arrangements have
been made for the construction of the
line, however, the materials necessary
for its construction delivered, and the
work was actually under way when the
temporary injunction was issued.
The legal proc eedings mean that the
work must be abandoned until the case
is disposed of, whicn will be several
months hence, and very much longer in
case the litigants decide to carry it to
the United States Supreme Court, as
they will doubtless do.
1t is significant that Gen. T. Marshall
Miller, who will be the foremost legal
figure IN the fight, waited until the
Mississippi Supreme Court was about
to adjourn before applying for the re
straining writ, realizing that it would
thus be impossible to have the case dis
posed of prior to the adjournment of the
State tribunal for the summer.
The defendants will demand an i'm
mediate hearing of the injunction, and
1t will probably take place before the
Chancellor next week. A demurrer will
be filed, and on the issues therein raised
the battle will be fought. Capt. J. T.
Jones and his associates will be repre-
sentod by Judge J. H. Neville, Con
gressman E. J. Bowers and some of the
foremost lawyers in the State. The pc
tition for the injunction as filed with
| the Supreme Court sets up numerous
objections IN law and equity to the con-
struction of the road, and the case will
be of complicated nature. this also
serving to delay the disposal of the
litigation.
The Biloxi Daily Herald says that ac-
cording to Hon. w. A. White, one Of
the attorneys for the Traction Company
the import of the injunction restraining
the company has been somewhat exag-
gerated in the above report which was
sent out from Jackson.
IHC COhip p1uy 10 Oiily AOoUl hlIACd lAoAi
constructing its lines along the property
of A. L. Thornton at Soria City, mar
row strip of only few hundred feet
The work along the rest of the line
will be rushed to completion and this
| stretch, which cannot be tunneled under
or bridged over, will be left until the
decision of the court, sometime in the
early part OF next year, dissolves the in
Junction.
The trolley people maintain that Mr.
Thornton wanted exorbitant concessions
from the company before allowing the
road a rigTst- t-of-way over his property.
The line will pass his property over
the public road when once the court has
passed on the injunction case.
The Elks of Yazoo City have just COM
pleted their new building, a two-story
brick structure, costing $4,000. The
Yazoe Sentinel, with its characteristic
enterprise, presents cut of the build
| ing in its current issue.
|
Announcement is made that the maga-
zine founded by Frank Leslie in 1875
- l,