The Montgomery advertiser., 1901-11-26
FABRITIS' HOLDS FORT
MAYOR SAYS LANDLORD Is
 SATISFIED, HE IS, TOO.
Lawyer. for Pennacchio Says, How
 ever, He will Have Fabritis Re- moved Today as He Has Lease {, on the Corner Fruit Stand.

The temporary injunction restraining the city of Montgomery from removing Antonio Fabfitis, fruit vendor. from the ccrner of Cornmerce and Montgomery Streets. expired at 12 o'clock yesterday but Antonio Fabritis was not removed. Judge Sayre of the City Court rendered an opinion that the city could remove Antonio Fabritis. But Antonio Fabritls did not move. It is probable that Anto- mia ,Fabritis will remain at the corner or Montgomery and Commerce Streets in- definitely.
 Landlord Kirkpatrick says he and An tonic Fabritis have settled their dii1er- ences and have made an agreement In writing Landlord Fitzpatrick is satis- fled. Mayor Joseph says the city has won it's case in the courts. But he is sat- isfIed because Landlord Fitzpatrick is satisfied. Lawyer Crum, who represents Pietro Pennacchio,. is not satisfied. He says Antonio Fabrftis must be removed today
 The story of the fruit stand litigation is familiar to the publics. The temporary injunction restraining the city from re- moving Fabritis was dissolved by Judge Sayre of the City Court last week. It was to have becom reflective at F o'clock yesterday In the meantime Ray Rushton. the legal representative of Fabritis, an- nounced that an appeal from the deci- sion of Judge Sayre would be taken to the Supreme Court. The appeal bond was not filed yesterday and inquiry developed the fact that Fabritis had satisfied his landlord. C. F. Fitzpatrick, and that an agreement in writing had been reached where by Fabritis is to pay the same rent as Pennacchio had agreed to pay in consideration of which Fabritis Is to have a three year lease on the fruit stand.
 MT. Fitzpatrick confirmed the ftate- ment that he had entered into an agree mentr with Fabrit by which Fabritis is to remain at his old stand.
 MT. Rushton, representing Fabritis, al so confirmed the report that his client had entered into an agreement and that an appeal was not necessary.
 But how about the agreement which Pcnnacchio had with MT. Fitzpatrick" MT. Rushton was asked.
 oh we're not looking after Pennac- chio.'' replied MT. Rushton with a smile.
 B. r. Crum represents Pennacchio. When he was asked about the agreement he expressed surprise that the appeal bond had not been filed.
 "We will have Fabritis put out of that place tomorrow, said MT. Crum. He went to the telephone and called up the Mayor.
 When are you going to have Fahritis put out of that fruit stand?" MT. Crum dSkeu the MayOr.
 The Mayors answer was not heard, but late in the evening Mayor Joseph said that he was weary of the Fabritis case.
 Not less than five prominent citizens the past hour and have asked me what I m going to do about FabritiS,' said the Mayor in a tired voce.
 Well. MT. Mayor; what are you going to do about Fdbritis?" a representative of The Advertiser risked.
 A look of what the French call ennui came into the face of Montgomery Chief Executive.
 'T sent word to the Chief of Police this afternoon" he said. as though reluct- antly performing an official duty ito move Fabritis from that corner tomor- row. However. since hearing from Mir Fitzpatrick that he has made an agree ment with Fabritls. l am inclined to allow Fabritis to remain where he Is. Yes: I think I'll let him stay there If the ad- jacent property owner Is satisfied Do you mean that since the city has gone to all of this trouble and expense you will not take advantage of the vic- tory you have won in the courts?' "I have not taken the matter under consideration yet" replied the Mayor. "I said I was inclined to let Fabritis stay where he is. It Is merely a question of discretion with the Mayor and If the ad- jacent property owner is satisfied l think the city should be satisfied There has not been any expense that l know of. If there has been expense we will make Fabritis pay it.
 City Attorney Steiner came into the Mayors office about this time. In response to questions he said that he had argued the case upon its statutory merit and had waived the city ordinances: He had won the fight and he appeared to be disappointed that the Mayor would not take advantage of the opinion in ia NOr of the city.
 Don't you think that by leaving Fab ritis in that stand you place the city in the attitude of prosecuting Fahritis in | the interest of Landlord F1tZpatrlck! | the Mayor was asked.
 Not at all he replied Our city or dinance says that e can remove trult stand when + compiaini from the rick comr and we took the case to | court an ,On.'
 | Yes but just as you win the cast MT | Fitzpa trick enters intO an agreement Wltf | Fabritis and leaves the city out of 1t.
 the Mayor.
 "Oh. we have these sort of cases every day in the week It's purely dtscre-
 City Attornev Steiner said that the court had ruled with him in his conten- ton that a fruit stand is a nuisance pr & and that he looked to see Fabritts arrested upon complaint of Pennacchio | for conducting a nuisance. If the mat ter took this shape MT. Steiner said II might result in closing all Of the trui' stands in Montgomery.
 l ID to last night the Mayor had not re- | voh ed hls order to the Chief of Police tc remove Fabritis from the fruit stand
 The order will he revoked today or Fab ritis will hear From Chief Gerald. l "A A11oood CIar;oaI EracaS