The Birmingham age-herald., 1902-06-14
REFUSED ID SELL LINE
 THE BELT PROPERTY
Gave Gentlemen Who Approached Him Letter to Vice President Pairo, Who Showed Them Over
 the Road.


 WW terday on the motion of the Sea- board to dissolve the injunction recently granted by him at the instance of the Belt Line, restraining the Seaboard from building any tracks on the rights of way granted 1t by the city and county au- thorities. The motion is based on the al- legged want of equity in the bill.
 The hearing lasted all day with two recesses. The thermometer outside the courtroom was flirting with the 100 mark, but inside everything was cool. including the lawyers tempers.
 long table piled up with pleadings. af- fidavits and law books, and around this sat the attorneys. Representing the Belt Line were MT. Alex T. London, MT. John London. MT. E. II. Cabaniss and MT. Lee BradIly.
 Representing the Seaboard were Mir. E. K Campbell, MT. Walker Percy and MT. J. P. Tillman.
 MT. Percy began the opening argument for the Seaboard, and will continue his argument this morning.
 HEARING BEGINS.
 Are you ready to begin with the hear ing?" asked Chancellor Carmichael A few minutes after court convened.
 "We are just waiting to see some affidavits ard other papers," said Mir. Lordcn.
 MT. Percy Is getting them now" said MT. Campbell.
 MT. London-'If your honor please l desire to call you attention to one mat ter have here an affidavit of MT. Hen- ry M. Atkinson prepared in Atlanta and sent me under a fast delivery stamp. It was two hours lato in reaching my of flee, and I could not file 1t by g o'clock Thursday, but it was immediately fur nished to opposing counsel as soon as we got 1t, which was about II o'clock. ask leave to use 1t as if filed in accord ance with your order"
 MT. Campbell-"Ordinarily we would not object, but in this case we do We would need time to reply to 1t. Your honor will recollect that we wanted AS hours In which to reply to affidavits, but we were only given "A.
 Chancellor Carmichael allowed the af- fdavit to be filed. The substance of 1t Is as follows:
 MT. Atkinson related the purchase about nine months ago by himself and associates of all the stock of the Belt Line and stated that immediately there after plans were made to develop the proyerty, lay additional track to ac- commodate the increased business, and that 1t was decided to build line along Avenue A, extending 1t to Avondale, and that the company planned to lay double track, work on which was commenced by May 1.
 HE WAS APPROACHED.
 That prior to May 10 he was approached in Atlanta by several gentlemen interest ed in the Seaboard who wanted to pur- chase the Belt Line or obtain the exclus- i've use of it. That he stated that the road was not for sale. nor would he give the exclusive use of it, but would be glad to allow the Seaboard to use 1t on equi- table terms. That at their request he gave these gentlemen letter of introduc- tion to Vice President Pairo, who showed them over the spstem and explained to them the rights of way of the Belt Line and its plans of development.
 That thereafter without notice to him these gentlemen organized the Birming- ham and Atlanta Air Line and on May 21 filed with the city an application to build tracks on the streets on which the Belt Line desired to build them. That they wanted the right of way to lay tracks on both sides of the Belt Line | tracks, which would entirely prevent It's | running spur tracks into abutting prop erty and would destroy its value as 8 | Belt Line.
 an opportunity to be heard before tht | city council and that the Seaboard's ap plication was rushed through the board of aldermen with unprecedented haste | That 1t was reported favorably by com mittee on Thursday night and passed at g special meeting of the council held Sat urday night, which was only called thai morning.
 DENIES ALLEGATIONS. He says that the statement made ir Ias