The Montgomery advertiser., 1901-11-12
CITY AGAINST FABRITIS
ANSWER TO INJUNCTION OF
 THE FRUIT VENDER.
Fabritis Has a Word to Say on the Subject-something Forcible. tA .ce It Might Be
 Said.

The city's answer to the injunction of Antonio Fabritis, the fruit stand man who is defying the Mayor and Chief of Police to move his place of business from the corner of Commerce and Montgom- cry Streets. was filed in court yesterday morning by City Attorney Steiner and other lawyers.
 The answer denies the allegations con- tained in the application for the writ and charges that the fruit stand is a nuisance and should be removed. The arguments will be heard tomorrow. '
 "The Supreme Court has held that the obstruction of a sidewalk is nuisance per se,' said MT. Steiner in an inter view, .'and the city will contend that 1t has the right tq remove Fabritis from the stand he Is occupying. l presume he, will submit that he has paid his license and that 1t Is a transaction in which the city is directly involved"
 MT, Steiner said that in similar case from Birmingham the Supreme Court held that it was criminal offense to obstruct a sidewalk and that the fruit yender had been heavily fined. He was arrested by a citizen who complained that the fruit stand was a nuisance. A fne-wa imposed by the lower court and notwithstanding the city government of Birmingham tried to interpose on the ground that it's City Council had the right to regulate the use of its side walks the higher court sustained the lower court and held that the owner Of the fruit stand had committed nuisance under the statutes.
 If this procedure is pursued in the Fabritis case will it not result in closing m All of the fruit stands in Montgom- ery?" the City Attorney was asked.
 ''That may be the result If Fabritis should take the initiative" replied MT. Steiner. of he should have Pennacchio arrested for obstructing the sidewalks, Pennacchio might be fined and his places removed from the sidewalks. Pursuing the same course he might close up all of the stands in the city. They are merely permitted by the city to cneapeh the price of fruits"
 Fabritis's Statement. q" bolda de forta steel!' shouted rabritis. the fruit stand man to an Advertiser man.
 ~Judga Tomasi fina man. Unita Stata law as better dan Eetalyan law. My lawyer smarta man. Mayor Joseef, Cheefa Pleeceman biga fool.
 "Cheefa Pleeceman driva ole roana hos to bugga. kicka back with hinda foota. Cheefa shutta one eye, say: | "Fabritis you no mova I move you" | q say: nit!
 | "RiRga Patta Sweeney, face like wasaa ness, voisa like bulla COW. saw. | "Mova!'
 .eRappoo, leetla detec coma say:
 "'Fabritis you mova!
 "AlIa time he talk he take de peanutta | offa de stan ,eat, trow hulla on side- | walk. say.
 !" You keep dirty place.
 "No pay dama cent for whatta he eat | Greatta detec, dat leetle man! He nc | 6,So da clown ina CircOOSe.. l "After awhile detec Palma coma long Iooka lika owl, knowa dama site, say
 'Fabritis, you move!
 ,"Smarta man dat; bluffa de nigger, nc
 scare Eetalyan man.
 | Man whatta keepa de rala stata store
 coma looka ata da stan, say:
 ".Fabritis, you no nova, l putta you U
 de law, make Fleece trowa you pahai
 stan an all ina streetai
 II tella you dat man pretta good'
 looka, but no gooda man make de goo | goo eye too mucha. He no mova Iron d baHan stan, I meva him.
 Jimmie Sullivannia, buss up de hogg
 wid big fire crack mova de hogga, n
 mova me. I no grinda de organ al
 dansa de monk for pleeceman to nov
 me. fruitta man. peanutta merchant
 sama as man keepa bigga store. When
 I getta redda, I move myself. See?
 My oncle, Pietro Pennachio s
 meanna as two dog, both yella. l stee
 sella de banan feefteen centa a doz
 rosa pennutta, nickel pinta cup fulla.
 "Feespatricks tinka he smarta man, h
 selLa de seegar an samma handwich wi
 hota mustarda; make you cry whena yo eat. Dat was all arita for heem. Oncl Pietro say he gotta de pape from d Feespatrick. I tella you l gotta de pap from de Cobba Hardway; gooda man | Take my mon. Give me de lizence do d biz on Eexchange corner. l gotta d
 righta pape. Two car loda banan o de road.
 q putta de steamship runna iron
 warf to banan field, breaka Pennanchio make Mayor Joseef big Cheefa Fleece
 man so sicka da needa de doc. When move cold day in Augusta. You watcha my smoka. l wasa hott stuffa. No buzza wid de monk saw! Some one called for five cents wort of peanuts and Fabritis turned to wal
 on them with a grin that would hay
 excited the envy of an end man in
 minstrel show.