The Birmingham age-herald., 1902-06-02

night alleges that its charter gives 1t the right to construct maintain and operate one or more tracks of railroad along It's rights of way. which were first granted the Highland Avenue and Belt Railroad Company, and afterwards conveyed to petitioner. These rights. the petition al- leges included right of way through the center of Thirty-second street twen- ty-six feet in width from Avenue b to Tenth avenue, north. This right was con veyed by the Elyton Land Company for a valuable consideration. At the time of the conveyance this street was not in the city limits, nor Is 1t within them now, and all abutting property was own ed by the said Elyton Land Company.
 It is averred further that for a valu- able consideration the Elyton Land Com pany conveyed to the said railroad com pany a strip in the middle of Avenue A, twenty-six feet in width. from the western boundary of Twenty-ninth street through Avenue to the western bound- ary of the property of the Avondale Land Company. The petition alleges also that at this time the Elyton Land Com pany owned all land abutting on either side of this Avenue A, which was part of a plan laid off for a city. Seaboard Taking Possession. It is further averred that these rights of way are constituent parts of the Belt Lines property and essential to It's sue cessful operation and that the Seaboard Air Line Railway has enjoined petitioner from taking possession of the property, and is proceeding to take possession of same and lay tracks without any lawful authority. which tracks are a nuisance and destroy wholly the value of the pe- | tltioner's right of way as aforesaid 1 Wherefore the injunction Is prayed. In talking of the injunction and the work done by the Belt Line. MT. A T. l London, one of the attorneys who filed | the bill, said
 '"rhe Belt Line is doing nothing more than attempting to protect from confs- cation the property which 1t believes to be its own. We have set forth In our petition the facts as we believe they exist and have no other purpose than to protect our rights
 CONSIDERING EXTENSIONS.
 special dispatch ts the Age-Herad from Chattanooga says;
 w. w. Kent, general manager of the Chattanooga Southern, has returned to Chattanooga from Gadsden where he had been for the past week looking over the road and the prospects for an extension of the road he represents from Gadsden to some point on the East and West Rail- way He thinks that the proposed exten- sion is being considered, but has not been decided as yet. His company Is in vestigating the matter. The Seaboard Air Line will be extended into Birmingham and such an extension of the Chatta- nooga Southern would mean the following new lines for traffic In and out of this city:
 "To the east via Atlanta. Seaboard Air Lire; to the south via Birmingham. Louisville and Nashville; to the west via Birmingham. the Frisco line. Also 1t Is possible that line will be extended from this city direct to the Atlantic coast All of these would mean much for Chattanoo- ga and this district. If an extension of the Chattanooga Southern Is made 1t will probably be from Gadsden to lock No. 3 on the Coosa river. at which point the East and West Railroad touches.