The age-herald., 1899-07-08
REFUSED TO GUST
 ALDERMAN BROWN
Judge Coleman Renders Decision
 in Ensley Case.
A STREET CAR FRANCHISE
To Birmingham Railway 6 Electric Go. Was Starting of the Litigation Mayor Scott Says Trouble
 Will Likely be Settled

Judge A. A. Coleman yesterday rendered his decision in the quo warranto proceed ings instituted in the circuit court against Alderman N. S.. Brown, of Ensley, denying the prayer of the petition to declare the defendant ineligible and to oust him from office.
 The proceedings to remove Brown from office were instituted about thirty days ago by John H. Calvert, a citizen of the town in the name of the state of Alabama under the provisions of section 3420 of the revised code, on the ground that at the time of his election as alderman, he was ineligible to the office by reason of the alleged fact that he had not been a resident of the town for six months previous to the election as provided by law.
 The effort to oust Brown from office was brought about by a minority faction of the town council backed by large number of influential citizens as the result of fran chse grant to the Birmingham Railway and Electric company giving it exclusive right to operate its cars in the streets of the town for a period of fifteen years.
 It was claimed that Brown furthered the measured and used his influence to secure it's passage.
 Aroused Indignation
 The action of the council in granting the franchise aroused great indignation among the citizens. Mass meetings were held at which resolutions were adopted calling upon the council to revoke the franchise At one of these meetings it was intimated that If the franchise was not revoked steps would be taken to dissolve the town cor poration by submitting it to a vote of the people, in order to defeat the measure.
 The efforts of Mayor Scott, who opposed the franchise, to secure a meeting of the council proved futile, and after several un- successful attempts had been made to bring the aldermen together quo warranto pro- ceedings were instituted in order to bring the matter to head
 The case was heard several days ago and was taken under advisement by Judge Coleman, who yesterday handed down his opinion as follows:
 Tt is agreed in this cause by counsel on poth sides that the issue herein is the de- termination of the domcile of defendant w. 5. Brown, for and during the six months immediately preceding his election as alderman. If his domicle for the con- secutive six months preceding the election ""S tic dIel embraced In the porate limits of EnSley then the judgment should be for the defendant; on the other hand, If his domicile was not so existing and maintained for such said six consecu- tive months previous to said election then Judgment should be rendered against plain- tiff, the prayer of the petition should be granted and the defendant busted from said office. This agreement of counsel was duly submitted to the court. After review ing all the evidence and duly considering the able and learned arguments of counsel on both sides, the court is of the opinion that the domicile of the defendant for the consecutive six months next preceding the election, was within the prescribed limits of the incorporation of the city of Ensey- that the temporary residence of the defend- ant with-his family at Hickory Flat, out side the said corporate limits during the time and while house was being built for him, did not destroy his domicile within the said Incorporate limits.
 Tt is therefore the judgment of the court that the prayer of the petition to vacate the office of said alderman by his removal therefrom and to declare the defendant in- eligible, be denied and that said petition be dismissed at the cost of the relator, and that execution issue therefor against the relator and securities for cost.' May Be All settled
 Mayor Scott was informed of the out come of the proceedings late yesterday af- ternoon and stated that it was probable that the franchise matter would be satis- factorily adjusted in few days, in which event all litigation would be ended He intimated, however, that unless the matter was adjusted, the question of dssolving the corpora ton would be taken up as a last resort and pushed to the bitter end. Ell TENT OE