The Montgomery advertiser., 1901-11-08
GREEK ENJOlNS CITY
A. D. FABRITIs DETERMINES NOT
 TO MOVE HIS STAND.
He Was Ordered by Mayor and Chief of Police, But Seeks Aid of ceurts-He Holds
 the Fort.

AHe pdnnefN or A. ID. Fabrftis waves over the fruN stand at the corner of Court Square and Montgomery Street; the signboard spelling the name of Fab rus swings rnerrily to the breeze and Fabritis sits supinely by and defies the sovernment of the city of Montgomery.
 C; T. Fitzpatrick, who conducts a cafe ana cigar store hard by. wanted Fabritis to remove his stand. Fabritis would not remove. He said he was anchored. Adolph Gerald, Chief of Police of Mont. out, but Fabritis held his base. Then K. B. Joseph. Mayor of Montgomery, issued an order In effect 1t read that Eabritis fa must pack up and leave. Like and famed the flies from his California grapes. He Is stili standing by the stand.
 The Mayor notified Fabritis on October by october @ ssah. s' Faiiins % to do % this % the Mayor gave Fabritis to understand that he would send some of his policemen on October 18th and relieve Fabritis of the was intimated, in fact. that the police men were strong enough to take the stand away from the corner without the assistance of Fabritis.
 lawyer. The lawyer read his books and sought relief from the courts. Tester. day an order from the City Court of Montgomery was served on Mayor Jo- seph restraining him rom interfering with Fabritis until the further order of the court. He Is cited to appear and show cause why Fabritis should be made to remove his fruits to another place.
 This restraining order was served on Mayor Joseph yesterday and he was ex- aminifig 1t when a representative of The Advertiser saw him In the afternoon.
 Look at this," said the Mayor, hand ing the document to the newspaper man. Tt is a restraining order from the City Court entoining me from removing fruit stand from a sidewalk"
 The Mayor then explained that some time ago c. T. Fitzpatrick. who occupies store at the corner of Commerce and Montgomery Streets, wrote to him ob- jecting to the fruit stand occupied by A. D. Fabritis being allowed at this corner, saving that the license was is- stand was conducted against his ex- pressed objection and disapproval. He requested that the stand be removed from the premises.
 A resolution was passed by. the City Council several months ago requesting the Mayor to permit certain parts of side walks to be used exclusively for fruit stands at such places as he might desig- nate under such rules, regulations and fe- strictions as he might require The stands were not to occupy a greater width than eighteen inches from any given wall of building on such sidewalk and the con sent of adjacent property owners was to be first obtained ...
 The Mayor secured an opinion from the City Attorney that he had the right to remove any fruit stand he saw fit With this opinion and the fact that Fabritis did not have the consent of the adjacent property owner the fruit stand man was notified on october A that he must ob- tain consent of Mir Fitzpatrick by the 27th or he would have the stafid removed the next day.
 October 18th came around and FabritIs was selling fruit at the same old stand as though nothing had crossed his dreams of sunny Greece. He was unruffied and undisturbed. November 1st came around and Fabritis was doing business at the .same old stand Mayor Joseph observed that Fabritis was busy with the utmost eomplacef1cy. .
 The Mayor sent an order to the Chief of Police that Fabritis was to be removed f forthwith The Chief of Police is kind. ly man. He is also lenient. He would give Fabritis time to make his business arrangements. Fabritis was told to hurry up as he must move within few days. Fabritis did not hurry. He consulted the lawyer some more and continued to sell bananas.s
 Yesterday when a big Montgomery pat
 rolman went to Fabritis and broke the news that the storm which had been gath ering around his head had broken in all its fury Fabrltis laughed. He actually laughed. The patrolmln went back to his fChfef and found him reading paper. The paper advised the Chief that Fabri- | tfs must not be removed. Not yet, said the paper, the court will determine the
 matter. It was the restraining order from Judge w. H. Thomas of the City Guhrt.
 When asked about the matter Chief Gerald said that he had received an or der of the Mayor and had notified Fabri- tis that if he was not moved out at F o'clock yesterday he would have to put him out by forte. Meanwhile the injunc- tion of Judge Thomas had been served upon him and he said he would await the next step. The Chief expressed the opin- ion that all the dealers were on the side
 walks illegally and that he did not be- lieve any court would uphold them in an
 illegal act. He expressed the opinion that the movement would clear the sidewalks of all instructions
 Tn the meantime Fabritis Is enjoying the situation. He has a wholesome respect for the American system of justice; :.