The age-herald., 1898-11-05
0i Clancy Against Same Company Nil
 Be Heard Today.
NEW MOVE IN STREET CAR FIGHT
The Birmingham Railway and Dlectric Alleges Contempt of Court Against the Traction Company for
 Crossing Its Tracks.

duties yesterday was kept lon the hump, to use slang expression, being engaged until late yesterday afternoon. with the business of the court. His first official acts were the granting of several minor peti- tions in pending cases.
 His first case of importance was the hear ing of the Birmingham Water Works com pany vs. the Mayor and Aldermen of Bir- mingham in which a temporary injunc- ton was obtained some months ago re- straining the city from enforcing certain ordinance repeating sections of the city code relating to the Water Works company and an ordinance adopted at the same time regulating the rates of the company and also restraining the city from interfering or intermeddling with the business of the company.
 The Water Works company was repre- scented by London & London and former Governor Thomas G. Jones, and the city by City Attorney Robert J. Lowe and AL dermen J. J. Altman and R. H. Kerr.
 A motion that the injuction be made per- manent by the attorneys for the Water Works company and counter motion that the injunction be dissolved by the attorneys for the city. The entire afternoon was consumed in hearing the arguments, at the conclusion of which Chancellor Carmichael took the matter under consideration and reserved his decision.
 Immediately after coming off the bench he was presented with a petition for the appointment of a receiver for the Gilreath Coal and Iron company, full account of which appears elsewhere in this issue.
 The Fight Renewed
  cellor was called upon to issue writ on the petition of the Birmingham Railway and Electric company summoning the aBirming- ham Traction company, Alex London, it's president, and Geo. B. Clark, it's general manager, to appear and show cause why they should not be punished for contempt of court in disobedience to an injunction issued out of the chancery court on Satur- day, October 29. restraining them from running their cars across the tracks of the Birmingham Railway and Electric company at the Woodawn crossing.
 It was the general opinion that the re- cent decision of the supreme court dissolv- ing the injunction granted some time ago settled the matter.
 This move on the part of the Birmingham Railway and Electric company clearly in- dicates that it has not given up the fight, or at least that 1t will die hard
 Coleman Had a Busy Day
 Judge Coleman, who qualified as judge of the Tenth Judicial circuit on Thursday, was also quite busy yesterday notwith- standing the fact that all cases set for this week had been passed.
 In the morning he was presented by petition by Attorney Richard H. Fries in behalf of Hugh McGeener and granted an injunction restraining the Home Building and Loan association of Atlanta from dis posing of certain property advertised to be sold on November g. The petition was filed in the city court.
 A number of prisoners confined in the county jail on capital charges were ar- ranged in court and their cases set for hearing, beginning Monday, November 21. A special venire was drawn to try these cases.
 The case against Lonine Gabriel, colored, charged with murder, was not passed.
 Two Warranto Proceedings
 At o'clock this morning the quo war ranto proceedings instituted by John H. Clancy against the Birmingham Water Works company will be heard before Judge Coleman. anu tiie ueCiSioh ID a"dieSu WILT much interest.
 It will be remembered that the petition was filed on October 21 last and writ of quo warranto issued in accordance with the prayer of the petition citing the company to appear on November and show cause why it's charter should not be forfeited 1nd annulled and it's corporate existence be dissolved.
 City Court
 In the city court verdict was rendered in favor of Maliuda Quick for $1 ,250 against the Louisville and Nashville Rail- road company.
 Mrs Quick, who is an elderly lady, pur- chased ticket to Birmingham over the Louisville and Nashville railroad. and mo- tified her son, who resides here that she would arrive at a certain time. She was carried past Birmingham and put off at Warrior, and brought back to Birmingham on the southbound train which arrived in the afternoon. Her son who met the northbound train and seeing nothing of her returned home and she being unacquainted with the city found great trouble in locat- ing him, alleging in her complaint that she was out in the rain the entire afternoon and was made sick thereby. The case will be taken to the supreme court.
 The case of Alice Mason vs. Frank P. O'Brien was settled and dismissed
 Criminal Court.
 The n1isdemeanor docket is still before the criminal court The non-capftal felony docket will be taken up on Monday.