The Birmingham age-herald., 1902-06-14

the direction of the mines and had the appearance of a miner. He spoke to the woman, at the same time advancing toward her. Mrs. Walls screamed and attempted to run, but the negro overlook her. When she screamed he placed his hands over her mouth.
 Much excitement ensued when the news spread and dogs were quickly put on the trial of the woman's assailant. They fol- lowed for about one hour and then lost the scent.
 
 a right of way 26 feet wide in the streets mentioned and that no other road can occupy any part of this 26-foot strip
 Ut further claims the right to turn out by means of spur tracks in order to reach any abutting property and that the construction of the Seaboards tracks will interfere with this right.
 "It claims also that other routes equally feasible could be selected by the Seaboard which would not interfere with their rights They therefore ask that we be enioined from construct'ag tracks on the rights of way grante s.
 CONVENTIONS OF THE =ABOARD
 Replying to that bill the Seaboard ad- mits that the Elyton Land Company mapped and plotted its property as shown by that map before your honor. but says that no limitation was imposed on It's dedication O: said streets 10 the public They were dedicated to the public six teen years before the Belt Line was in- corporated, and in 1877 the Elyton Land Company executed an absolute convey ance in favor of the people of Birming- ham, so far as the streets were Tn the city limits at that time.
 "'rhe Elyton Land Company had no right to convey to the Belt Line any part cf those streets, and It's deed was merely a release of damages from an abutting property owner, so far as 1t owned prop erty along said lines.
 "'rhe purpose of the constr uction of the Belt Line was not. stated in the Dill to serve existing industries. but 1t was built in order to sell lots 10 prospective industries Today. however, there Is virtually no business on the lines of the Belt road.
 'The Soaboard not being able to make satisfactory terms with the Belt Line was forced to ask for franchises from the City Council. It was not. and Is not, It's purpose 10 iniure the Belt road We deny that the Belt road has any right of ac- cess Of ebutting property, end wa deny that any tracks put down by us across their spur tracts would injure them.
 The Seaboard has chosen the only available route of entry into the city and 1t is approved by the mayor and city engineer, was approved by committees of council and by the council itself un- animously. The Board of Revenue also granted us the right to use to use Thirty second street and Avenue A outside of the city limits.
 The Belt Line then proceeded to oc- cupy these streets with tracks which were laid in the night time, and we filed a bill to enjoin them and began to occupy those streets with our own tracks, as we conceived we had a right to do. until enjoined by an order of this honorable court"
 Proceeding MT. Perry described the property on Avenue A which the Seaboard had contracted to purchase for terminal facilities, and said the company was per fectly solvent and had now In bank $100 900. The capital stock of $1,OOO. GOO had been subscribed for and 5000, GOO of bonds had been contracted for The company was able to respond in damages to any injury the Belt Line might sustain.
 BELT LINES SCHEME,
 '"rhe Belt Line" he continued, never for 15 years discovered that it wanted a track on Avenue A until the Seaboard asked for the right to lay one It then ap- piled for it at the same time we did and the city council did not see fit to grant 1t. Under our constitution no authority known to law has the right to grant to this line an exclusive use to any part of the public streets and highways. Un- der the Elyton Land Companys map thousands of lots were sold and the rights of the public In these public roads and streets became fixed, and that company could not reclaim any part of them. The Elytor Land Company has attempted at other times to reclaim property dedicated to the public and a perusal of the court reports would lead one to suppose that litigation had been it's chief business"
 He cited the Reid case when the com pany had undertaken to sell streets which 1t had dedicated to the public, anG other cases to show that selling , lots in accordance and with reference to a plat is an irrevocable dedication of the streets 70 the public
 He referred to the fact that the Ely ton Land Company after executing a solemn conveyance of routing to the peo- pie of Birmingham the title In fee simple to the streets, he'd ten years later at. tempted to grant to the Highland Ave nue and Belt Railroad a 26 foot strip or First avenue from Nineteenth street tt | Twenty-second street. He made the point that while the Elyton Land Com. pany attempted to convey certain tracks l and franchises 1t had no right under its charter to operate a street railroad anc 1 only conveyed the property without any franchises. The Belt road has no right he said to any strip of land or any street they merely have the right to operate cars on existing lines of road It was brought out that in the original bill filed by the Belt Line that that road only claimed 26-foot strip. The Sea board, said MT. Percy, could have kept eff this strip and still built its road. Sc ! they set up another claim in their second bill of having the right of access to abut- ! ting property, which would be interfered with by other tracks on the street.
 Their title is simply a title based on i assumption or enc which exists in their 1 magination-a castle in Spain, in other words
 | MT. Percy said that the construction of the Seaboard's tracks would not be a nuisance. would not injure the Belt Line, | and that MT. Clark had no right to sug- gest routes on which the Seaboard should enter the city.
 Court adjourned until this morning, when MT. Percy will conclude his argu- ment.