The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1912-07-23
or
R. R. COMPANY
DENIED
MR.. STEVENS MAKES STATEMENT
SETTING FORTH TRACTION
co.'s. POSITION.
HISTORY OF NEGOTIATIONS
AND CONTROVERSY IN DETAIL
Exceptions Taken To Numerous State
ments In The M. c. Railroad fnjunc-
tion 6iII-crossing Was Not "cIan-
destineIy Installed"

Desiring to give the HattiesburR
Traction Company's side of the contro-
versy between that company and the
Mississippi Central Railroad Company.
brought about by the former extending
its line across the latter's tracks at
the Main street crossing, which work
was halted and the operation of cars
stopped by the injunction sued out
by the railroad company, Mr.. G. z.
Stevens. manager of the Traction
company, makes the following state
ment:
Main street is a public thorough
fare, and was street before the M.
c. r. R. Co. built line across it. The
railroad company only has an ease
ment across the street, and the rail-
road company's use of the street is
subject to all other ordinary usual or
proper uses of the street by che pub
lie. The City of Hattiesburg granted
to the Traction Co. franchise author
izing the Traction Co. to construct a
street railway along and over Main
street; that portion of the street where's
M. c. R. R. crosses it is as much a.
part of the public thoroughfare as any
other, and the street cars are author
ized to operate over that portion OF
the street as well as the remaining
portions of the street.
The street railway is in keeping with
the original Intention in the dedicai
tion of a public highway, Facilitating y
as it does, passage over the strest II,
persons and property. Section 1875
of the Code of 1906 relating to con-
demnation of rights of way does not
apply where the proposed crossing q.
on public street of the city, as the
granting of the franchise to the street
railway carries with it a right of wayl
The Traction company proposed to
bear all expense of installing the cross.
ing and to execute the same contract
with reference to the crossing, as it
executed with the Mississippi Central
R. R. Co. with the Mobile street cross
ing, which contract is identicalIy the
same as the contract which the Tsac-
tion Co. fhas with the N. o. & N. e.,
r. r. Co., with reference to the crossl
ing over their tracks on Main street
and\ Southern avenue, and, which is
also identical in terms with the cor
tract entered into with the G.. & s. /.
R. R. Co., relating to the cfpssing Of
the Traction Co. over their Fles on
Mobile street. The Traction Co.
executed these former contracts with
the railroads named after thoEaugh
discussion of their terms, and the
Traction Co. contends that these con-
tracts embraced all requirements
which the several railroads operating
in the city could reasonably insist
uponA and more than the law would
require. 1t has been the disposition
of the Traction Co. to install these
crossings by amicable agreemnt with
the railroads, and each of the cross
ings heretofore installed have been
by such agreement. However, as
early as Feb. 9th, 1912, Mr.. Stevens,
manager of the Traction Co., took up
by letter with Mr.. R. X. Smith, vice.
president and general manager of the
M. c. R. R. Co.. the matter Of execut-
ing contract covering the proposed
crossing on North Main street In
this first letter the M. C. r. r. Co
was requested to submit draft oi
contract. The Traction Co. received
no reply from the Mississippi Central
except that Mr.. Stevens took the mat
ter up personally with Mr.. Smith, thu
latter stating that he would give thx
matter attention. Receiving no fur
ther response from the M. c. R. R., OF
May 1tSh Mr.. Stevens again wrote Mr.
Smith, calling his attention to thS
} matter, and asked him If he would
< prepare an agreement in line with thu
agreement entered into with refer
: ence to the the Mobile street crossing
, and advising Mr. Smith that all ths
(Contlnued on Page Seven.)