The age-herald., 1897-08-01
IMPORTANT RAILROAD CASE.
 67 A Special Feature Before the Supreme Court. THE DECREE SET ASIDE. On the Grounds Some of the Judges Had tio Investigated the Case-Al the Roads Entering Montgomery
 Interested.
 
HE DECREE SET ASIDE.

Montgomery, July s1.-(special)- There are few preferred cases on the docket of the supreme court, but in all likelihood they will stand until the court meets again in regular term on the sec ond Monday in November. These eases are of no general interest.
 The special session of the court this week had to do with the most import ant features of the fight betwe en the Louisville and Nashville and the Plant system and Mobile and Ohio railroad companies. over local terminal facilities. and the attention of all railroad officials in this section was centered upon .ths proceedings.
 Several months ago the city of Mont gomery abandoned certain small park on Tallapoosa street in favor of the Ala bama Midland railway and the Belt Line railway, the latter representing the Mo- bile and Ohio, which is now building a branch line from Columbus, Miss. into this city. The park is situated directly in front of the general offices of the Mid land and near the site of the Mobile and Ohio's proposed freight depot.
 The use of the park for line of tracks was absolutely necessary to the M5ble and Ohio, if they were to carry out their terminal plans in conjunction with the Midland or Plant system and utilize the Tallapoosa street property, the most convenient they could get for depot pur- poses.
 After being impressed with the idea that the immediate construction of the Mobile and Ohio depended upon the grant of this park, among other concessions the council gave up the park.
 Tracks were la,d over tlp property, and all werll well for a few days. Then Dr. James Douglass, an adjacent property owner filed bill in the ohancery court enJolnlng the cily from destroying the park. Inis bill was dism4ssai, aTdd the compia.nlllJ took am appeal to rha su- prsme court
 w endes~ay lnis trtburaal d-cidad that the M. 6 O. and Inc PJarh system must remove the.r JIacNs f.i0m the park. Jus tee haraIson reLLle- ed the op4iLon, wntch after suluJ4-g 1ne 14ces ai44d ctlllg rle Ibw. c4clses as rO4lo%s:
 But we fllJd ID difficulty in fsS1GdfIS 'tha'o 'a.he comp J4.IAdnl m trs esly- IS m le-is~4i, aII1 Tor the purposes of ui1S Case, an au- JaceLll P1opl1eo4. to the slaaa park, s,drd oc-
  irIa A..iJlIn GnEs Dln. He can BOX oue tloln Nne IrLlJ. C. Llge UT n.s I1oLi=tls w.In ah unobstruCced view, on 10 uhe park, a oIs- Jarhoa Ot oGJ.y 1lU feet rom nIm. ms givl him uIAs 'aG.Ntude of an adJ~ce'4It H-o- pI1eUJI. From niS Oihef iot the NleW is obstruO.sd lJhVagh It is only 2o0 feet from Line park. For the purposes Of air and recrelt.on, he has clJ-Sen he has direct and special Interest a9aAlss It's p-opo~5I ui- StlUcll0n.
 Yo, a.tatr t.t tsir decree ot lohe cneonce4y coult must be re- ysrsed, a1ll chs will be here rendered in accorcj3Glee wrtn lin' prayer Of the bbh.
 1t is further ohiered and decreed, Jnat the Aiabalma Midland RaiIWay comp ard the Belt Line Railway company, p-J- ceed alt once, and wpthin twenty days from the retldbt4on of this decree, uoaa'-- move from saId park the railway rack it 'lia5 laid down on and across the same, alrl3 an olJher Instructions 1t may have placed thereon. q
 Reversed arld rendered.
 how9ver, the decisfon dces not stand.
 Justice Coleman, who. has been away, came in Thursday and Chief Justice Brickell announced that as he had had no opportunity to examine the case the decree rendered was set aside and the case returned to the docket.
 It now stands as though no action had bsen taken by the supreme court. =
 For a day 1t was believed that the IrdCkS ON'ST Ine P1Ih WOulu iF1Nc u OS torn up and in consequence the Mobile and Ohio would receive a serious set back in perfecting their terminals Now. however, they will go ahead in hope that the difficulties may be smoothed over be- fore the supreme court decides the care.
 Ths second big case passed upon by the supreme court brought forth two de- cisions One on Wednesday, and a. s e. ond one oni Thursday, modifying the de- cree of the day before.
 The question involved, and the intsrss st at stake. was also of considerable magni- tude and related to the same terminal rights of the Louisville and Nashville a 8 against the obile and Ohio and Alabama Midland on Plant system. Briefly the history is tfdS:
 Last January the city council of Mont gomery gave the Alabama Midland the right to use and occupy river street, which adjoins the park secured by the Mobile and Ohio and Midland for ter ing tracks on River street one night and tbs Louisville and Nashville stopped them with an injurIction, contingent that upon an abandon ment of River street by the municipality the Louisville and Nash vile, as an abuuting proprrty owner, was entitled to ons-half the street.
 The city court dissolved the injunction of the Louisville and Nashville; an ap- peal was taken and on Wednesday the supreme court affirmed the opinion of the lower court
 Thursday the decree was modified; the judgment of affirmance was set aside and now the case goes back to the city court for trial on proof.
 And so it will be seen that the big ter minal war between three great railroad systems is not yet ended. The legal fight promises to be a long and s,ub- born one. .-a,t.A
 One other case was decided bsfeFee the supreme court adjourned sine die.
 The First National bank of Gadsden vs. Isabel Thompson, ct al, appeal from Gadsden city court; affirmed