Birmingham age-herald., 1895-06-06
THIRD EDITION. T |S MADE A TEST CASE That of the Hackmen Arrested
 for Obstruction. MIR. MONTG0MERY'S ACTION A Statement From Mayor VanHoose and Chief Mcdonald Remarks of Hon
 A. 0. Lane.
MIR. MONTG0MERY'S ACTION

Yesterday morning Fred Grimes, F. Tucker and S. Shaver, all licensed hackmen, were arrested and brought be- fore Judge Montgomery, charged with obstructing the street. These arrests were made pursuant to an order or reg ulation made by Mayor VanHoose and Chief Mcdonald last Thursday night. The regulation was promulgated by copy being served on every licensed hackman and drayman in the city, and gave notice to the hackmen and draymen that owing to complaints having been made to the mayor declaring that these men, by keeping their hacks in front of or near their places of business. were ob- structing the streets and were a nui- sance to the compliments.
 The mayor and chief or police held a consulta tion and thereupon determined the following locations for hackmen and draymen, where they would not be mo- tested.
 Hack Stands.
 l. Four on Morris avenue facing to- wards Twentieth street, to stand in mid dle of street between Louisville and Nashville office and Nineteenth street.
 2. Six on Nineteenth street, between First and Morris avenues, to stand in middle of street facing Morris avenue, leaving opening opposite side entrance to Morris hotel teenth and Nineteenth streets, in middle of street, facing Nineteenth street, leav- ing opening in middle of line.
 1. Six on Twenty-first street, between First and Second avenues, in middle of street facing towards First avenue.
 Hacks not moving or answering calls or waiting on customers expected to oc- cupy such stands.
 Dray and Van Stand.
 l. Ten on iMorria avenue, between Eighteenth and Nineteenth streets, on south side of avenue.
 2. Ten on Third avenue, between Twen- tieth and Twenty-frst street, in middle of avenue, leaving opening in middle of line, facing Twenty-first street.
 3. Four on South Twentieth street, be- tween Powell and A avenues, along east side of street. facing Powell avenue.
 A. Five on Avenue A, between Nine teenth and Twentieth streets to stand along north side of avenue.
 Drays and vans not moving or answer ing calls or receiving or delivering loads are expected to occupy such stands
 The hackmen and draymen, of whom there are large number, appointed a committee and Friday they waited on Mayor VanHoose who told them that the order would not be enforced until Monday
 Monday the three above named de- fendants were arrested, charged with ob- structing the streets. The hackmen and draymen had in the meantime employed Hon. A. o. Lane to represent them and make a test case
 On the trial of the case Judge Mont gomery threw out the regulation stating the mayor had no right to make private laws and they could not be enforced. He therefore dismissed Grimes and ,xlyN a,.0 IL. eD ra on the evidence that he had allowed his van to stand in one place for about thir- ty minutes.
 The case was appealed at once In his ruling Judge Montgomery stated that no one could obstruct the streets, nor could the mayor and chief of police designate any place which would not be considered as an obstruction after req sonable length of time. Chief Mcdonald asked what would be reasonable length of time, to which Judge Mont gorhery replied that in his opinion ten minutes would be a reasonable time un- less the hackman has customer
 Thereupon Chief Mcdonald yesterday afternoon served notice on all the hack men and draymen that they would not be allowed to remain in one place look ing for fare for more than ten minutes at time.
 The trial was one of much iterest. and a large number of business and profess sional men were in attendance. Chief Mcdonald and Mayor VanHoose said in substance to an Age-Herald re- porter that they knew they had no right to enforce such a regulation and did not intend 1t as such, but intended it merely as a Suggestion" to the draymen and hackmen as to where they might stand without the probability of being molest- ed that the complaints against the hack, men and draymen had become so nu- cpnetbjno n hp and they thought that under the circum- stances the men would agree to such a regulation. They did not wish to ap- pear hard on the men, but that the places where they are In the habit of congre- gating, the busiest part of the city, were getting to be nuisances, and that some thing had to be done and that at once.
 What MT. Lane Said.
 Ex-Mayor Lane on being interrogated said:
 .'As the matter is now before the courts would not care to say anything about the case from legal standpoint, as 1t might bear the appearance of de- sire to forestate a decision. But think the order promulgated by the mayor and put into execution by the chief of po- lice does gross injustice to large num- ber of poor and industrious people. The order is not justified by any new ordi- nance on the subject and it would seem strange that after years and years of custom and usage for hacks and drays to stand on the streets of Birmingham it should now, at this late day be found necessary to practically drive the hack men and draymen out of business I feel safe in saying that there is no city in America where the hackmen and draymen are not allowed to stand on the streets. One never goes to a f1rst-olass hotel in city but he can step out either in front or at the side and find hacks in Saiting. As matter of fact it is a great convenience to the public to have the hacks and draye on the street ac- tf, fo