The Norfolk weekly news-journal., 1907-03-15
INJUNCTION IS
NOW DISSOLVED
STREET CLOSING LEGAL POINT is
FINALLY SETTLED.
THE SUPREME COURT DECISION
MATTER is NOW UP TO THE CITY
COUNCILS VOTE.
THE SUPREME COURT DECISION
DIssENsloN WILL NOT CEASE

Supreme Court Decision VIII Not
Cause demonstrators to Surrender
Claim That Street Closing viii Work
lnjustce-Town Back at Start.
The injunction issued by NJ. Endres
and others of Norfolk against Mayor
Friday and the city of Norfolk, seek
ing to permanently restrain the city
council from passing an ordinance
closing Philip avenue at the point
where It was proposed to build a new
depot, has been dissolved by the SUI
council has now legal right, If it de-
sires, to pass an ordinance closing this
street
Official notice of the decision of the
supreme court has just been received
| by Attorneys S. ID. Robertson, Burt
Mapes and M. ID. Tyler, who represent
ed the defendant in the case.
The decision affirms the decision of
Judge Boyd, who was on the district
bench when the case came up for hear
ing last spring.
The opinion was written by Com
missioner Duffy. When it came before
the supreme court, Judge Barnes re-
Trained from taking any part in the
discussion, because of the fact that his
home is here, and the other two judges
were unanimous in supporting the
opinion of Judge Duffy.
Ends Long Controversy.
This decision ends a long legal con-
troversy. 1t has been controversy
in which intense feeling existed. The
demonstrators carried out their prom
Use to fight the street closing to the
last ditch. Pending this decision, the
Northwestern railway company has
built no new depot to replace the city
station which burned more than a year
ago.
The beginning of the dispute as to
legal rights in the street closing mat
ter came when the Northwestern rail
road company, after the city station
was destroyed, offered to replace the
burned structure with a new depot to
cost $4,000 or more, in case the city
would close Philip avenue. 1t was
stated that a depot costing less money
would be built, in case the street were
not closed. 1t was given as an argu-
ment that 1t was necessary to close
the street in order to build a 600-foot
standard platform.
And here the difference of opinion
began. A number of citizens residing
southwest and west of the depot site
argued that the closing of Philip av
enue would work a hardship upon
!, them. They pointed out that upon this
street stand two churches and two
schoolhouses; that 1t is long resi-
, dence street; that 1t was street much
! needed by pedestrians and teams.
: Council Is Enjoined.
An ordinance to vacate the street al
: this point was drawn up. But before
it was acted upon by the city council
r. which was said at that time to favol
the ordinance, the demonstrators is
9 sued an injunction restraining the
p council from passing such an ordi
. nance.
O. Judge Boyd heard the arguments o
9 each side and dissolved the injunction
n An appeal was taken to the suprem,
a court. The supreme court now, afte
q many months, affirms the district cour
! decision.
q The legal right of the city council t.
n pass an ordinance to vacate Philip av
enue for the depot is now established
!. What Will Happen Now2
II But what will happen now is still
h another question. Since the council
d was first enjoined from passing tn
p. ordinance, there has been an election
n. 1t il not the same council. The ques
N ton as to whether or not the ord
90 nance will pass the present council
10 has not been tested by vote.
Il. There are eight councilmen. Thre
@. are considered unquestionably in fl
vor of it, One has not stated his pos
OF ton and the power to carry the ord
H. nance or, by tying the vote, to defea
g. it, lies with him.
ye 1t is impossible to foresee anythin
10 but a renewal of the trouble over thi
90 proposition no matter what the actio
in of the council. If the ordinance clio
to ing the street is passed the people Ii
Id ing west of the depot site are not G,
he ing TO feel any better about it tina
,e- they did year ago at the prospec
,ir If on the other hand, the council doe
IN not pass the ordinance after it ha
been given the right to do so by II
supreme court, then there will be hal
feelings on the part of those who wei
lip in favor of closing the street. 1t NEAR
We a disagreeable internal row at best.
W. Foreseeing this situation, The New
M inaugurated a movement a few weel
IS, ago to do away with the necessity
gh closing the street by asking the Cor
VS. mercial club to act in harmony Wi
ms the railroad company to the end
1st having union depot, which won
IN eliminate the whole trouble. The ia
ure of this project was publishe