The Birmingham age-herald., 1902-06-06
SEABOARD MPUGNS
 BELT LIVES MOTIVES
BARR AND ATKINSON
 LEAVE SCENE OF WAR

tracts for the construction of the road will soon follow.
 With regard to the options on property for terminal facilities, Mir. Barr said they had not nearly expired, and that they would be attended to at the proper time"
 Referring to a suggestion made in an afternoon paper that the public clings to the belief that the differences between the Belt and the Seaboard are to be set tied outside of court, MT. Barr remarked there was nothing in it.
 "The issues are before the courts and the courts will settle them," he said.
 Mir. Watts said that he was well satis- fled with the way the Seaboard's case was being handled, and that he left Bir- mingham in the very best of spirits.
 MT. Barr said that he expected to re- turn to this city next week, and that President John Skelton Williams would probably come with him.
  its property or rights, but the obstruc- ton of respondents proposed line into and through the city of Birmingham for ,, motives which are selfish, improper and illegitlmate
 1t has not been the purpose of this re- spondent to so construct any of it's tracks as to interfere with tracks which complainant had laid down in good faith in the legitimate prosecution of its bus mess. Respondent denies the right of | complainant to maintain tracks recently laid down by complainant simply for purposes of obstruction. As an evidence of complainant's purpose to hold up and coerce this respondent by the wrongful use of the injunctive process of this court complainant Is not content to protect the integrity of lines constructed by 1t in good faith, Is not even satisfied to pro- tect by injunction its alleged and un- founded claims to a 26-foot strip In pub lie highways, Is not even satisfied to claim protection for tracks laid by 1t in the night time for obstruction but demands that respondent be absolutely barred from constructing it's tracks on any portion of the streets, avenues and highways mentioned in oomplainants s bill.
 That the streets, avenues and highways through which respondent proposes to construct its line are peculiarly adapted, because of absence of public passage, for railroad purposes. That 1t is untrue that the construction and maintenance of re- spondent's tracks on these streets and highways will constitute a public nuis- ance
 NOT INTERFERING.
 Further answering respondent states that it has not undertaken to build lines of railroad parallel with complainants tracks, except on those streets avenues and highways whose use was not only es- sential to the prosecution of respondents work under its charter but desirable from every standpoint of private and public convenience. Respondent states that prac- ticaly all of the lines or complainant's s road except its scrap-heap tracks re- gently constructed in the night, are shown on the map of the city of Birmingham, cory of which is attached hereto. It will appear from this map that complainant s east and west line on the south side of
 
 ] widely separated from the route which respondent proposes to follow on Avenue A. That complainant has no substantial track on Avenue A, and that the con struction of respondents tracks on Tenth avenue and Thirty-second street and on Avenue A to the Louisville and Nashville Railroad and from Tenth avenue west ward to the city limits of Birmingham, Is desirable for reasons which have been fully stated.
 Respondent files along with its answer number of photographic views of the route 1t proposes to take, showing the condition of the streets and avenues as to habitation, and also the rough track laid by the Belt Line along Thirty-second street on either side of its original track, and which the answer alleges was laid there for the purpose of obstructing the respondent and preventing its completing its line of road along Thirty-second street.
 The answer Is signed by Walker Till man, Campbell & Walker and Percy & Grubb.