Historical Newspapers of South Carolina

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.*1 • ' T / . ’ page two TX-CUNTO. aitONICLt CUKTOM. .. C. SEABOARD FILES WJUNCITO AGAINST TOWN OF CU N UNTON Judge Featherstone Signs Restraining Order and Rule to Show Cause as Regards Right- of-Way- of Plaintiff. v > I. • ■ Through their attorneys, Glenn £ flenn of Chester, A. C. Todd of Lau- l«ns, and T. F. McDow of York, the Seaboard Air Line Railway Company •n last Friday afternoon filed a Sum- .ynqns and*Complaint for Relief against the City of Clinton, the defendant be ing required to show cause why the injunction as prayed for in the com plaint should not be granted. The •rder is returnable Friday, July 24, 3 p. m., before Judge Featherstone at Chambers in Greenwood. The matter was first officially brought before council' -on Monday light, July 13th, when correspondence fTwl expressions pro and con were heard relative to the claims of right-of-way of the Seaboard Air Line Railway to the street running from Thornwell street along the south side of the Sea board ^.ir Line Railway to Intersect ion wit)i street running by the ice plant to Lydia Mill. ~ The iinjunction proceeding?, filed last Fr|day, came three days after the aouncil’meeting. It is returnable Fri day, Jtily 24, in Greenwood before Judge Featherstone, at which time the The plaintiff on portions of its right- of-way as herein described operates aftd maintains side tracks for the con duct of its business and contemplates the construction and maintenance of other tracks and other structures ad joining or near its main line track and on its right-of-way as same may be needed from time to time. t i 4. That the plaintiff being in the peaceful and quiet possession of the said right-of-way the defendants herein or one or more of them recent ly and in violation of the plaintiff’s right and with the intention of per manently occupying t «ame and exclud ing the plaintiff from portion of its right-of-way has proceeded to erect permanent and substantial structures thereon, and to lay out, open, build and maintain along the side A and parallel te the main line, and siding oftthe plaintiff, and over, across and upon itX right-of-way a puMk- street all of which was begun and done with out the knowledge and conk£nt and completed without the <*rnsent of the plaintiff and against its right and interest therein; that said defendant posseasion and enjoyment of its right- of-way herein before described. • 2. That tkp defendants be enjoined and restrained from allowing the ob structions herein before mentioned to remain .upon plaintiff right-of-way and required to remove the same and from continuing tolkse the street opened and laid out over and across the plaintiff’s said right-of-way or otherwise interferring with or hinder ing the plaintiff -In the use of its right-of-wky and in the conduct of its business of operating a railroad under its charter. 3. For such Other and further relief aa to the Court may seem just and equitable, and for its cost and dis bursements. . ' GLENNnA glenfk ’ N T. F. McDOW, DIAL A TODD, Attorneys for the Plaintiff. y-* T Mayor and members of City Council j or defendants in violation of the r'ght have, been ordered to show why the and interest of the plaintiff nM ?.bng City should not be restrained from using the said street. The complaint in full as filed by the Seaboard’s at- gjmeys, follows: Court of Common Pleas The State of South Caroljna, County of Laurens. Restraining Order and Rule to Show Cause. T^e Seaboard Air Line Railway Company, Plaintiff, against The Town ef Clinton, J. F. Jacobs, Individually its right-of-way and the opening and construction of thj snld Street have excavated and damaged the fills and embankments of the PlaintifFs main line and road bed, have interferred with and^ obstruefed certain culverts and drains WtthoviY the TchowTedge and consent of the plaintiff and to its damage and injury. 5. That the laying out, opening and construction of the said Street by the defendants and the excavation made State of South Carolina, County of Laurens. , Personally appeared before me W. H. Shands, who being duly sworn says that he is agent for the plaintiff, Sea board Air Line Railway Company at Clinton, S. C.; trtat he has read the allegations of the foregoing com plaint; that .the allegations thereof are true of his own knowledge except such as are stated to be made on in formation and belief and as to them, he believes the same to be true. W. H. SHANDS.. *Sworn to and subscribed before me this 16th day of July 1925. B, H. BOYD (LS> ^ Notary Public South Carolina. ponent further says that the of opening said street was commenced and continued by the defendants, the Town of Clinton and ita Mayor, with out the consent of the plaintift and over the protest of the plaintiff com municated to said defendants by de ponent as aforesaid. W. H. SHANDS." Sworn to and subscribed before me this 16th day of July 1925. ' B. H. BOYD <LS) Notary Public South Carolina. Personally appeared before me, W. H. Shands,, who being duly sworn says that he is agent of the Plaintiff, Seaboard Air Line Railway Company »>t Clinton, S. CL; lhal the Town of Clinton is a municipal corporation duly created and organized under the laws of the State of South Carolina; that J. F. Jac<%, Sr., as Mayor, to gether with J. P. Carter, R. C. Collins, S. G. Dillard, T. J. Blalock, C. C. Bai- and as Mayor of the Town of Clinton, i erection of the permanent structures by the defendants together with the ley and Li R; stone, as Aldermen, con- J. P. Carter, R. C. Collins, Si G. Dil lard, T. J. Blalock, C. C. Bailey, and L. R. Stone as Aldermen, constituting the Town Council of the Town of Clin ton,’Defendants. jlA-— On hearing the verified complaint herein arid upon hearing the affidavit' of W. H. Shands, Agent of the Plain tiff herein and upon due consideration thereof and on* motion of Glenn & Glenn, A. C. Todd and T. F. McDow, Attorneys for the Plaintiff, It is ordered, that the defendants herein be and a re" hereby required to show cause, if any they have, before aie at my chambers in Greenwood, S. C., on July 24th, 1925, at three o’clock p. m., or as soon thereafter as Counsel can be heard, why the in junction as prayed for in the com plaint should not be granted, and until said motion is heard the said defendants be and are hereby enjoin- ad and restrained from using the said Street described in the complaint as such, and from interferring in any way from the free and uninterrupted aee and enjoyment of the right of way by the' plaintiff as described in the complaint. v It is farther ordered that a copy of this Restraining Order and Rule to Show Cauae he served upon the de fendants herein forthwith. C. C. FEATHERSTONE, Judge of the Eighth Circuit. •At Chambers”, Greenwood, S. C., July 16th, 1925. In Court of Common Plena State’ of South Carolina, • County of Laurens. Complaint for Relief ^ The Seaboard Air Line Railway Company, Plaintiff, against The Town uf Clinton, J..F. Jacobs, Individually and as Mayor of the Town of Clinton, J. P. Carter, R. C. Collins, S. G. Dil lard, T. J. Blalock, C C. Bailey and L. R. Stone as Aldermen, constituting the Town Council of the Town of Clinton, Defendants. The Plaintiff above named com plaining of the Defendants herein re spectfully shows to the Court and aUeges: . are an obstruction to*the free and un interrupted use by the plaintiff of its right-of-way at the place herein men tioned; and on account of the said ob struction, interference and use of the plaintiff’s right-of-way, the plaintiff has been, is and will continue to be hindered and intei'ferred with in the operation of its Railroad and in the conduct of its business as a common carrier under the provisions of its charter; and plaintiffs title and inter est in its said right-of-way granted tc it by, the State’s authority have been impaired. 6. That the plaintiff herein imme diately as soon as advised of the said obstruction, forthwith and repeatedly has protested against the continuance of the interference, obstruction and use herein mentioned of its right-of- way by the defendant herein and did demand the discontinuance of the said street and the removal of the obstruct ion from its right-of-way, and did de mand that its right-of-way to the free and exclusive possession of its said righf-of-way to be continued without interferance by the defendants; and upon refusal df the defendants to dis continue the use of the said street and to remove the said obstruction and to discontinue its interfereance with the plaintiffs right-of-way has requested the said defendants to acknowledge the plaintiffs rights. That the de fendants in violation of the plaintiffs right and without legal right or war rant have refused and still refuse to discontinue the use «f the said street and to remove the obstructions from the plaintiffs right-of-way, and to acknowledge the plaintiffs right to the same but have asserted and still assert they have legal right to the ex clusive use of all points and portions of the plaintiff’s right-of-way wltich are embraced within the limits of the said street recently opened by the de fendant or defendants or eovere^ by the said obstruction or embraced thereby inconsistent with and hostile tv the plaintiffs right-of-way or ease ment for railroad purposes to the very great loss and damage to the plain tiff and permanent injury to the stitute the Town Council of the Town of Clinton. That the Seaboard Air Line Railway extends through the Town 'of Clinton and owns a right- of-way which extends in part from the passenger station in the Town of Clinton in a southerly di rection toward Lydia in the County of Laurens in said State and that its right-of-way, within the Town of Clin- ten, south of the station is one hun dred feet wide, that is to say fifty^ (50) feet om each side measuring from the center bf the main line track ex cept in places where there are high Court of Com non Pleas The State of South Carolina, County of Laurens. ' Summons for Relief ~ {Complaint Served) The Seaboard Ait Line Railway Company, plaintiff, against The Town of Clinton, J. F. Jacobs, Individually and as Mayor of the Town of Clin ton, J. P. Carter, R. C. Collins, S. G. Dillard, T. J. Blalock, C. C. Bailey and L. R. Stone as Aldermen, consti tuting the Town Council of the. Town of Clinton, Defendants. To the Defendant above named: The Town of Clinton, et al, You are hereby summoned and re quired to answer the complaint in this action of which a copy is herewith served upon you, and t^sprve a copy of your answer to the said complaint pn fhe subscribers at their office, En terprise National Bank Building, at Laurens, S. C., within twenty days after the service hereof, excusive of the day of* such service, and if you fail to answer the complaint within the,.time aforesaid, the plaintiff in this action will apply to the Court for re lief demanded in the complaint. . / GLENN & GLENN, T. F. McDOW DIAL A TODD, ' N Plaintiff’s Attorneys Date July T«H7 A. TXT TSZo* Get It At WANTS Rates for advertising in this column are one cent per word for each inser tion, with a minimum charge of 25c, payable invariably in advance. NOTICE—We sedl bagging and ties. Buy cotton seed and gin cotton. T. J. Blalock’s Ginnery, Clinton, S. C. tf WANTED—Position as a superintend- * ent of a cotton gin or a contractor for a tapr mill. Can give good references. R. E. Keelyn, Rerqjo, S. C. 7-30-2tp Whatever you need, we can fill it, and our prices are always the lowest. FEEDS OF ALL KINDS, % vi'- y ' ^ *• , FIELD AND GARDEN SEED. SUGAR—14 Pounds For kmm WANTED—Someone to represent the original J. R. Watkins Co., in Clin ton. You supply daily necessities to i fills and deep cuts in which case it j regular customers and make $35-$50 extends one Jiundred feet from the weekly, easily. Write The J. R. Wat- 1. That the Plaintiff, The Seaboard P laintiff . and to its hinderance to it Jdr Line Railway Company, is now,i carrying on its business as a pom- aad was, at the tim'es hereinafter^ mentioned, a corporation duly created, organized and existing under and by virtue of the laws ol the State of iSouth Carolina, and owns and operates chrtain lines of railroad within said Slate through the Town of Clinton, mon carrier of passengers arid freight under its charter as aforesaid. 7. That the plaintiff is informed and believes that J. F. Jacobs, Sr., Mpyor of the Town of Clintrin-of his own instance and without any au thority of the Town Council did lay Jhe County of Laurens in said State,! out and opened up the said street and and is now and* has b^en for some- without any authority construct time past conducting the business of aarrier of passengers and freight aver said railroad. — • 2. That the Plaintiff is informed j and believes, and therefore, alleges that the Town of Clinton is a munici pal corporation duly created and or ganized under the laws of the State aftSbuth Carolina; that the defendant, J. F. Jacobs, Sr., as Mayor, and J. P. Cfrter, R. C.' Collins, S. G. Dillard, T. J. Blalock, C. C. Bailey and L. ,R. ■ Stone as Aldermen constitute the Town Council of the Town of'Clinton. 3. That the plaintiff owns a right- of-way on either side of its track, and fifty feet wide on each side from the •enter of its main line extendin. fart from its passenger statiorfin the said Town of CHnton along its main fc'ae in a southern direction* to the oarporate limits of the Town of Clin ton. That the plaintiff’s right-of-way hot ween the points mentioned above hi the Town oi -Clinton, in the case af high fills and deep cuts, extend a of one hundred feet on tach from jthe center of the main line if so much should be necessary. and erect a culvert Upon and across the right-of-way of this .plaintiff That the said work was done without proper legal authority and still is be yond the power of the said J. F. Jacobs, Sr., to maintain. — ' • 8. That the said culvert, as erected and* maintained, and said road way at and near said culvert, is maintained by the said defendants in ’wv highly dangerous manner upon the right-of- way of this plaintiff, and on account of the great danger attendant to the maintenance of the said culvert in the road passing by and over the same, that the said street should be closed to travel-by the public. That in the erection of the said culvert and in the construction of the said street the de fendants have greatly damaged the road beds and fills of the plaintiff, and that it is unsafe for the road bed to continue in the condition ia which the defendants have made The same. Wherefore, the plaintiff demands judgement as follows: 1. That it may be adjudged to have the righk as against the defendants to the. free and uninterrupted use and center of the main line if such widths should be necessary. That the said Railroad Company on portions of its said right-of-way, operates and maintains side tracks and other structures necessary for the conduct &f its business as a common carrier of passengers and freight; that within the last few months the Town of Clinton or some of the indi vidual defendants, caused* a street to be worked out and opened on a por tion of the right-of-way of the plain tiff railroad company and parallel thereto. That in working out and opening said street, the fills on the main line track, income places was excavated. That across the said right-of-way and within the limits of the street so opened the defendants have constructed a concrete culvert; that recently this concrete culvert has been filled in by dirt and the street opened to general traffic, - That under orders and instructions from superior officers of deponent, he gave notice to the Mayor of the Town of Clinton that the,plaintiff, The Sea board Air Line Railway Company ob jected to the use of its right-of-way in the manner aforesaid and for the purposes stated herein and requested that the work of laying out and open ing said street along and parallel to the plaintiff be stopped and that the use thereof by the public be discon tinued. That notwithstanding the No tice given to the Town of Clinton and the Mayor by deponent the work con tinued and the street was opened part of the way from the incorporate limits of the Town of Clinton and alongside the right-of-way of the Plaintiff Company. That deponent is informed and believes that it is the purpose of the defendant, The Town , of Clinton or the Mayor thereof to extend the said street along the right- of-way of the plaintiff to the corpor ate limits of the Town of Clinton at some time in^ the future. De kins Co., J8, 231 Johnson Ave., New ark, N. J. ALL SUN HATS AT COST, SPECIAL on FLOUR A lot of different brands we are — ^—dosing out at— $1.00 For 24'Pounds Plain. — - TRY US FIRST ALWAYS Milam’s ■W F, y Who’s Your Electrician? \- FLOOR OIL 25c per quart H| Odorless and not sticky. SADLER-OWENS PHARMACY AT UNION STATION TEL. 400 Professional Noticfc drI o. j. champion, m. d. (Colored) < i Has Located in Clinton For the Practice of Medicine. Office to Open in the Next Few Days PIANOS for RENT O’DANIEL & REID "If you don’t get diet oil drip stopped you’re going to run short some d^y and burn out a crank bear ing before you know it. Look at the oil that’s wasted, too. Long, Hack streaks along every road. Bad for tires. Dirties up running gear. And stop S it leak from your pump gland. Water’s cheap, t a dry radiator can make a lot of troqble. "Big mistake, too) to let her leak and try to make up by just adding a quart or two of oil occasion ally. Like adding a pint of fresh milk to a gallon of sour. You never get the real good out of new oil by mixing it with old.” The experienced Fleet Boss ^as learned to save money—to stop the leaks and fill her tip every 500 miles with dean, fresh "Standard” Motor Oil of the correct consistency. It’s a famous oil, made by men who have been in the game all their lives and whose fathers were in it before them. Experi ence counts in oil refining, as well as in running an economical fleet. STANDARD 'OIL COMPANY (New Jersey) . V •— '4 7^ \ W ' *>4 4 * x Oils You Can Trust!