The age-herald., 1900-02-17
THE CITY ATTORNEY FILES AN ANSWER To Amended Complaint in the
 Sanderfer Case. VALLEY CREEK SEWERAGE Suit Filed For Alleged Breach Of Con- tract-Circuit Court Wound Up.
 United States Court Opens
 on March 5.
VALLEY CREEK SEWERAGE

City Attorney Robert J. Lowe yesterday
 filed answer in the chancery court to the
 amended complaint in the case of James l.. Sandefer vs. the Board of Mayor and Aldermen of Birmingham in which 1t is sought to enjoin the city from emptying it's sewerage into Valley creek. A decree was rendered some days ago by Chancellor Carmichael who sustained the demurrers
 to the original bill except as to one count,
 which, according to the prayer of the peti-
 toner, practically declared it to be a nui- sance. Petitioner was given lief to file an amended complaint, and the issue will now come up on the amended complaint
 and answer
 | In answering the complainant the city de-
 rfies that the discharge of the sewerage into i the creek causes it to overflow it's banks.
 It is also denied that complainant owns i any interest in the lands described in the 1 bill, and that if he does has been
 acquired since the sewerage system was l constructed, and with full knowledge l thereof. And for further answer, respondent says that Valley Creek has for time out of mind been flowing stream, having its source within the city of Birmingham close to the center of the city, and thence in a westerly course through and near thickly populated suburbs before reaching lands de-
 scrbed. That said creek is and has always
 been the natural outlet for the surface drainage of very large part of the area I covered by the city and adjacantl territory. That said area is thickly populated and em braces cemeteries, furnaces, factories, brewerles, livery stables, dairies, city streets, surface closets and houses, and that surface water and drainage from this large area flows into said creek above the lands described, and above the point where said sanitary sewerage empties into the stream, and that the waters thereof are thereby ren-
 dered totally unfit for domestic use or for
 cattle.
 lss It is also set out that the system was
 constructed in the exercise of governmental power conferred by charter, according to 1 the most approved scientific methods and 1 in the interest of public comfort and
 health, at cost of about $25O, ,oOO, and that
 the city derives no revenue from the same. It is also set out that said system was l constructed more than ten years ago, and
 that complainant had due notice of same, 1 but failed to make any complpadnt or pro- l test until recently. Alleged Breach of Contract ". K. Terry receiver of the National
 Guaranty Loan and Trust company, has
 filed suit in the city court against the Ff- delity and Deposit company of Maryland
 for $2,5OO for alleged breach of contract.
 The complaint alleges that defendant company for a cash consideration bonded
 George c. Arlington, the secretary of the
 Receivership company, and that Arlington
 has defaulted in the sum of g, 600, of which
 the defendant company had due notice, but failed to pay.
 Circuit Court Judge Coleman yesterday signed the min 1 utes of the fall term of the circuit court | and leaves today at noon in company with l Solicitor Ferguson for Winston county, where he will hold court next week. The spring term of the Bessemer division begins
 on the 18th instant and will continue two 1 weeks A number of motions were heard yesterday.
 1 Criminal Court The following cases were disposed of in | the criminal courts
 Jim Davis, burglary and grand larceny: | guilty
 Nose Jackson, larceny; guilty. | Will Johnson, larceny; guilty Atlas Griffin, larceny; guilty. | Charles Caldwell; guilty.
 Jim Broderick, assault with a knife: not | guilty.
 | United States Court
 The spring term of the United States
 court will begin on Monday, March 5. Juds, 1ohn Bruce presiding. Active preparations Tor the term are being made. 'zdas-az,rxr-s=s