The Montgomery advertiser., 1901-11-09
A FRUIT STAND FEUD
ITALIANS AT WAR DRAW CITY
 INTO DISPUTE.
Fabritis Injunction Case Develops Into Far-Reaching Affair and May Affect All the Side
 walk Stands.

| 1 fuses to be removed.
 l The controversy has developed into q l many-sided dispute. It now lies between C. T. Fitzpstrick, keeper of a cafe adja
 and the Mayor of Montgomery on one | hand, and Antonio Fabritis and his law | yer on the other.
 | Fabritis and his lawyer for the present l hold the best cards. because they have
 secured a temporary injunction iron 1 Judge W. If. Thomas of the City Court restraining the city of Montgomery or c T. Fitzpatrick, who leases the stand tt
 the City Court determines the merits of l the case.
 1 It was learned yesterday that some time | in September Mir. Fitzpatrick leased the l three years beginning with October lst
 fabritis had been occupying the Htand some time and when October ist cam,
 around he was notified by the agent of l premises. Fabritis declined toT vacate | The agent reasoned with him but h, | would not go elsewhere. MT. Fitzpatrich
 then argued the point, but still Fabriti'
 He might have been urged to remove his stand at some time if he had no learned that his rival in business, Pietro | Pennacchio, had leased the place. This and reason was thrown to the winds. He threw out his anchor and clung to the place like the tentacles of a sheIlfsh. Knowing that permits for fruit stands
 that under the city statutes they were
 not issued without the consent of adja- cent property owners MT. Fitzpatrick ap-
 pealed to the Mayor. An order was sent
 10 Fabritis to move but he paid no atten-
 tion This performance was repeated sev-
 eral times and just as the police were getting themselves together to bundle the
 truits CT Fahritis to some other place, he
 came up smiling with an injunction from
 Fitzpatrick from interfering with him.
 Fabritis's lawyer said yesterday that
 the controversy was due to the fact that
 fruits from Pennacchio. the whoiesaler.
 He said Fabritis. at his popular corner.
 had prospered beyond his fondest dreams
 He had opened more than one fruit stand
 ed out and his brother. John Fabritis,
 had opened a business in Selma. They
 bought fruit in great quantities. They
 had improved their credit. New OrieaNN
 cry. The Fabritis brothers had become sure. enough fruit merchants. They quit
 buying from Pepnacchia, who, by the
 way. is their uncle, and began to buy
 according to the lawyer, gave Pennacchio
 great concern. He must do something to. put blight upon the young Fabritis's
 sons of his sister The lawyer relates
 Mr, Fitzpatrick and offered him twice .tlSs supn for the rent of the fruit stands ttat
 But I @ must P give Fabritis tRes tRsis1f refusal gtii of the place." said Mr. Fitzpatrick. aee
 NO. no, no, no and again." shouted Pennacchio excitedly, as the lawyer tells It. "f you make-a the trade with me.
 The lawyer says that Pennacchio had the lease and his notes ready and the deal was closed without warning to Fab ritis. who had no change to meet the figures of Pennacehio. He will set up the contention, when the case comes on for hearing. that Fabritis is willing to pay the same rent that Pennacohio will pay.
 MT. Fitzpatrick was interviewed by reporter. He said that be had simply leased the fruit stand to Pennacchio at a better figure than Fabritis was pay ing. His agent had been. trying to get possession of the place for Pennacehio since October l. He said the matter had resolved itself into 8 controversy be- tween Pennacchio and Fabritis. He held Pennacchio's notes for the rent for He has refused to accept payment for rent from Fabrttis and will try to get possession of the place for Pennacchio, believing that since he has rented the his contract.
 Pennacchio was eating supper in his place on Commerce Street when he was seen by representative of The Adver- tiser. When the name of Fabritis was mentioned a smile spread over his Ithl9fI ian face and he showed his wiate teekf1I T He laughed long and loud. ,e .r1"'1d
 T hava the pape," he said, reaching into his pocket and producing the lease, rick"
 "But who is your lawyer?" he was
 T no getta tn law; Fitz-a-patricss, he getta tn law. I haya tn pape" and he fiourished the lease in the face of an excited crowd of Italians who gazed upon the fruit merchant in evident ad- miration of his sagacity.
 Then in broken doses of Latin-Ameri- can English he narrated long story thing of his nephews. the Fabritis broth CTS. He had secured the stand at the Exchange Hotel corner for them. They had mistreated him and he wanted the stand for himself. He leased 1t over their heads. "The sardine is soft" he exclaimed in great excitement. The police-a-man | Soft; F7tz-a-p patrick softA rd-a put 'em
 Pennacchlo brought his big fist down on a table and began to tell about the | difference between Montgomery and New Orleans, the haven of Italian fruit mer- 1 chants He declared that if Fabritis had 1 been in New Orleans he would have been l in tail several weeks ago for his alleged l inpudent conduct. He had lived in New Orleans and his bosom swelled when he | referred to the citizens of that town as | to his character.
 Mrs Pennacchio, who speaks excellent | English, explained the situation practi- 1 calIy as it had been explained by MT. | She said that her husband 1 was not mixed up in the litigation at all. He had a contract with MT. Fitz- patrick for the fruit stand and he ex- pected Mir. Fitzpatrick to give him pos session He would not get a lawyer but l would look to MT Fitzpatrick to settle the controversy with Fabritis.
 When are you going to mover Fab ritis was asked He was busy bursting in the head of an apple barrel. The question was repeated and Fabritis, the besieged looked up.
 Me move? Me notta move. Stay .
 Then he went back to work as uncon- ,ernadlv as if there were no Mayor, no Thief of Police, no MT. Fitzpatrick. and no Signor PennucchiO within the confines )f Montgomery. .,.
 -roversv hetween Fabritis and the city every fruit stand in Montgomery will be ,enoved from the sidewalks. There Is ,aid to be A statute prohibiting the use if public hi ghways that can bs made n apniv 10 oGstructing sidewalks and he cItv C,uncil or tile city Court may .nforce il 10 the letter.
 Fabritis is still entrenched in his ri,it stand The injunction proceedings