The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-08
Mr. Estes Believes Council VIII
Be Made 10 Change
Its Verdict
BEST BUSINESS MEN
AGAINST NUISANCE
Supreme Court Once Rendered opln'
ion That City Had No Right to
Grant Licenses for Use
Of Sidewalk.

A petition asking the Board OF Alder
| men not to grant licenses for the conduct
of fruit stands on the sidewalk is being
circulated by members of the Commercial
Club committee. headed by Mr.. @. III.
Estes, chairman. The petition is receiv-
ing many signatures and will be present.
ed to the Aldermen at their next meet
ing.
| Mr.. Estes said yesterday that he was
receiving many letters and telephone
messages commencing the movement. At
the time he had in hand a communication
from Mr.. Charles Roberts endorsing the
| work. This letter is as follows:
81 want to commend you for your ac-
ton In reference to the fruit stands of
the city, and hope you will keep up the
| good fight. II can be of any assistance
to you, either with time or limited
amount of money, call on me. I do not
| agree with Mayor bremen that the citi-
zens of the town uphold the fruit stands.
My opinion is that almost to man they
condemn them. They are a nuisance and
ought to be abated.
yours very truly,
CHARLES ROBERTS"
To Canvass Everybody.
Mr. Estes said an effort would be made
| to give every business man in the city an
opportunity to sign the petition asking
| for the adjustment of the stands, and
he felt confident that he would Nbe able
to present a petition of such strength
that the board could not ignore
it. He contends that the majority Of citi-
zens are against the nuisance and be-
lieves the board can be made to see II in
this light.
| While the committee is making Its fight
the fruit dealers are quietly going ahead
and procuring licenses. Up to date twen-
ty-ffve have been issued. In all there are
about forty stands In the city. and it Is
said each will secure licenses within the
next few days.
Case In the Courts.
An investigation of the statement that
the Supreme Court had decided that the
city had no right to license the use Of
the sidewalks for fruit stands brought
out the fact that four years ago such
ruling had been made, but since that
time the city charter had been so changed
that the right now exists through special
law by the State Legislature. The case
in which the Supreme Court made its
ruling was that of Talaxandra VS.. the
State 1t was prosecuted by Mr.. Hugh
Morrow, who was assistant solicitor in
the Criminal Court.
The ruling Of the court was that fruit
stands were a nuisance and that the
city had, no right to license the use OF
the sidewalks for their conduct. Mr.. Nor
row said yesterday he was OF the opinion
that the new charter granted the right,
but he had his doubts about the Legfsla-
ture having the right to authorize such
clauses in a charter.
City Attorney Smith was asked for a
statement regarding the right of the city
to revoke license granted for the conduct
of fruit stands. His reply was he had not
Investigated the law, but believed the
city was held in the same light as pri-
vate citizen with reference to violation
of contracts. On the question of fruit
stands he said he had some doubt as to
whether the city had the right to revoke
the license.
Have Money In Circulation.
There are at least Is petitions In cir
culation by mem bers of the Commercial
Club and other trade bodies. A copy of
the petition follows:
ITO the Honorable Mayor and Board of
Aldermen Of the City of Birmingham
Alabama.
I'VE, the undersigned, respectfully re-
quest that you will grant no license to
fruit or other stands on the side walks
in eaid city and If any have been grant
ed, that they be revoked or cancelled. and
that said stands be removed from the
sidewalks" Z
Signatures to One Petition.
The signatures to the petition being
circulated by Mr.. Jacobs of the Jacobs
Pharmacy are as follows:
Jacobs Pharmacy. P. w. Baker, M. c.
Baldridge. 2. H. A. Barrett. Arnold Mos
berg, G. l.. Ayres s. Son, c. X. Yates