The Birmingham age-herald., 1902-06-06

panied him to Birmingham, left for At lanta yesterday morning, and Mir. J. M. Barr, vice president and general manager of the Seaboard Air Line, and Chief Counsel l.. R. Watts left for Virginia yesterday afternoon.
 Just before taking the train Mir. Barr said he had the material on the ground here for laying six or more miles of track.
 "As soon as the issues in court are set ted" he continued, the work of con struction in Birmingham will be started, and will be pushed as rapidly as possible. In the meantime the survey from Coal City to Birmingham is progressing, and the line which is to connect this city with the east and west will be permanently To- cated within the next six weeks Con
 
 whatever purpose the Elyton Land Com pany may have had in conveying any part of said streets and avenues. 1t in fact had no right or authority to convey the same
 It is alleged that the purpose of the Eyton Land Company in constructing the Belt Railroad was to create a market for a large amount of unstable property of said Elyton Land Company. that company hoping thereby to sell for manufacturing, wholesale and warehouse purposes prop erty naturally unsuitable and undesirable for residence and business purposes. That eoi ol-o to serve existing industries. but to sell lots to prospective industries.
 TWO TRACKS NOT NEEDED.
 The answer denies that two tracks are essential or necessary to the operation of said Belt Line in said streets and avenues. Respondent states that said road. as all legged in said bill, was commenced in 1885 or 1SS6 and has now been in operation more than fifteen years, and yet 1t has only a single track on Thirty-second street from avenue D to Tenth avenue. North. only a single track on the north side of Birmingham along Tenth avenue from Thirty-second street to Sixteenth street, and that the Belt Road has not cnly found one track sufficient for its le gitimate business, but that in truth and in fact the Belt Railroad has failed to realize the enthusiastic hopes of it's pro- motors. That it was a boom enterprise, and the factories, industries and ware houses which were expected to spring up on or along it's tracks failed to material ize
 It is averrcd that since It's inception the Belt Line has handled but little freight and that as a result of lack of business snd earnings the Felt Railroad vas for years In the hands of a receiver and has only been recently reorganized; that the blocks abutting it's tracks are today In a large measure vacant and unimproved,
 The answer charges that not until the respondent had applied to the City Coun- ell for a franchise to construct its line in and through the city of Birmingham did the Belt Railroad realize the necessity or cesrability of additional tracks.
 It Is alleged that the respondents off, cers and agents spent days in Birming- ham in the careful and earnest effort to locate such route into and through the city of Birmingham as would be ad- vantageous to the company and occasion the minimum of inconvenience to public interests and that in locating its line on streets along which the Belt Line was located. 1t was not the purpose of the re- spondent to injure the property of the Belt Line Company.
 AVAILABLE ROUTE.
 Respondent states that 1t Is not reason- Birmingham from the east through any other avenue than Avenue A and that this Is the most available route from the standpoint of cost to respondent and also because 1t occasions the smallest detrim ent that the public can suffer from entrance of the railroad in the city Him. It's. Respondent states that the financial arrangements have been completed for the construction of respondents road to the state of Georgia and the financial ar engagements have been completed to con- meet said road with an extension of the Seaboard Air Line carrying 1t into the city of Atlanta. The total amount of road to be constructed to carry out this plan is something over 200 miles. The total amount of money which has been ar ranged for the completion of this work Is over five million dollars. Tl.e respond ent states that the effect of complainants s injunction will be to delay and retard this great public enterprise.
 The construction of respondents line has been welcomed and encouraged by the municipal authorities of the city of Birmingham, the Board of Revenue of Jefferson County, the public press of the city and by the unanimous and enthusias- tic sentim ent of the people of Birming- ham. Respondent Is preparing to carry out vigorously, earnestly and in good faith the construction of It's line and re- to the public, a tremendous injury to respondent and wrong and unjust that respondent should be retarded and de- layed in this work because of the un- founded claims of complainant Respond ent states that it Is amply able to pay any damages which complainant would sustain from the construction of it's pro- posed line that in truth and in fact there is neither merit equity or good faith in complainant's claim.
 WILL NOT HURT BELT.
 Respondent states that complainant has no right or title to any of the streets,