The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-01-15
HICKORY WINS!
WhirIigig of Litigation
Puts Town Again on
Top.

~ o:d,r Of the Corporation Gem
mission Yesterday the town II IIick-
DRY again wins III its lone night against
tho Southern Railway for adequate
depot accommodations.
Following the recent trip t. Hickory
AMI the hearing har there. the com
mission on personal investie alton or
acrs the construction Of an ample
freight depot at Il Point other than
that on which III. present building
lands, thus endorsing the position
Of the citizens Of the town that the
present depot Is dangerous u trafiis
o. the street aud amplifyiuS thr for
MGR order Of the CommiSSioI tor the
enlargement Of the freight depot.
Following the order. it is highly
probable that the southern Railway
Nill except and carry the question.
first to the superior Court and thence
to the supreme court, Of the power
II The Commission to order thu
freight depot and direct or restrict it
location.
Whether this power. plainly given
by the Fuller bin ia tho case az
union passenger dcpots. applies eduab-
IL to freight d"p"ts i . question for
i1diCi1I construction.
The Hickory depot case is now an
old friend in Court reports. II has
tlready. il y" or another phase, been
before the Supreme court four times.
The most recent case was one III
which, by a modification OF its own
order after 4 r~a-hcarinS the supreme
Court held against tho town, and that
ase. III which the town wa FIRST VIC
torioUs, arose out OF an order Of tn"
Corporation Commission granting re-
lief asked BY the toNn. Tn" town do
manded greater faciiities AT the
freight depot and the Commission
made the order, which the southern
proceeded 10 follow IN tho letter by
cnlarging the present depot. This,
according to citizens. constituted =
nuisance" as rendering street tfatic
dangerous #DI the judgment of tn"
lower court to that effect vas sustatn-
81 by the supreme Court. only - 10
later modified b. an order permitting
the proposed enlargement upon tho
erection Of gates across tn" street al
legged to be endangered
Not bcaten. the citizens Of the town
again applied 70 the Commission with
the result that they have again won
1t will now be Hickory ". southern
Railway in the Supreme Court for the
ffth time. The order of the Commits
sion in the matter is as follows.
Commissions order.
"It is ordered that the Southern
Railway Company erect a freight de-
pot commensurate with the revenue
and business Of Hickory. between Mar
shall street and Bruins street. and not
nearer Marshall street than the east
ern end Of the present warehouse and
that the track Of the Carolina AMI
Northwestern Railway Company he
moved 10 the south side Of the sta
ton. and that the yards he So arranged
that tho shifting Will b. done west Of
Marshall street; and. upon the grad
Of North M~organton street by the
city Of Hickory. that the southern
Railway Company open a way undcr
the railroad tracks along Burns street.
connecting North and South Morgan
ton streets; and that the subway hc
made at least thirty-lve (33t feet
Wide and twelve G2D feet deep.
1T is further ordered that the plan
and specifications for this building b"
filed with this Commission on or Ire
fore February 18th. and that the work
begun thereon on or before April
1st.
This cause is continued for further
dire, tons.
~(Sign"d)
"FRANkLfN MCNEIL.
"Chairmdu.