The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-01-06


| A settlement has at last been reach
ed between City Council and officials
of the Atlantic Coast Line Railroad
Company in the matter of owner
ship Of Mary, Mulberry and Owens
streets which were torn up by the
railroad company in the building of
their new freight yard in the SOU
western part of the city. The sett.
ment was something in the nature OF
a compromise between the city and
the railroad company and was made
after the matter had been thoroughly
discussed at a joint meeting of coun-
Gil and the railroad officials held
Wednesday afternoon.
By the terms of the settlement the
city gets possession Of Mary street
under which it is to put down a
twenty-four inch drain pipe one-flalf
OF the cost Of which is to be paid for
by the city and the other half by the
railroad company. The city gives up
its claim to Mulberry and Owens
streets to the railroad company in re-
turn for quiet claim from
the railroad to 25 feet of Mary street.
This decision was reached after the
matter had been discussed by coun-
Gil in the clerks office, following the
rejection by the railroad company of
the city's proposition made several
weeks ago through the local attorney
for the road and their offer Of the
counter terms, which were agreed to
by the city.
A number Of the railroad officials
were present for the occasion, among
them being, Messrs. r. A. Brand, 4th
vice-president; w. N. Royal general
manager; e. P. Pleasant, chief en-
/ Rfreer: Geo. b. Elliott, Assistant gen.
eral counsel; p. A. Wilcox. State
counsel; G. G. Rowland, agent; Col.
Thomas Wilson. President Northwest
ern Railroad Company; John Wilson,
general manager Northwestern Rail-
road Company Mark Reynolds, To-
cal attorney for the A. c. L.; C. NJ.
Brand. chief dispatcher at Sumter;
and others.
Mr.. Elliott stated that the railroad
officials had come in a conciliatory
spirit and wanted to accede all that
they consistently could, but that they
did not give up their claim to Mary
street as part Of their right Of way.
However, they wanted to be fair and
frank and the proposition submitted
by the city was not satisfactory to
the road. He stated that they would
be willing allow the city to put in
the drain pipe as 1t desired and the
company would be willing to pay half
OF the costs provided that the city
would give a quit claim to Mulberry
and Owens streets. Council then
withdrew to the city clerks office
where the matter was discussed. Mr..
McKeiver moved to refuse to allow
the railroad company to place track
south Of its present main line and re-
quire the company to put in the "a
inch drain pipe under the direction
Of the city engineer, the city 10 pay
for the excavation below II feet. the
line to be extended to Soukey's
Branch and the necessary sand trap
to be put in it, and to require the
company to restore Mary street 10 its
former condition at once. Mr.. Booth
seconded this motion. Mr.. McLaur-
in stated that he did not think that
the city was sure Of its rights to
Mary street and that council there
fore ought to act with caution. He
said that the city was not in a con-
dition to go into any lengthy litiga-
ton and that he therefore moved 10
amend Mr. McKeiver's motion so as
to accept the proposition Of the rail-
road company provided they allowed
25 feet right Of way from their
southernmost track for Mary street.
this to extend on out to the city lin
it's and to meet Council street pro-
jected This acceptance was made
known unto the railroad officials. who
at first opposed it, but finally agreed
to the terms. 1t was also agreed that
the pipe be put down in the street so
that it would be out of the way Of
the tracks and that the railroad COM
pany would remove the telegraph
poles from the street.
Mr.. Elliott stated that these terms
were satisfactory TO the railroad COM
pany and he stated that he would
draw up a contract covering the
ground and submit to council for