The age-herald., 1902-02-09
CITY IF ENSLEY SUEDBYS SOUTHERN EXPRESS COMP ANY Claims Municipality UnIawfuIIy Charges License of One
 Hundred Dollars
THE AGENT WAS ARRESTED
Company Asks That Defendant Be Re- strained From Collecting the Sum and From Molesting
 Their Employe.

The Southern Express Company has against the Mayor and Aldermen of Ems ley, alleging that the defendants have un- to do business in the city and because said tax was not paid has arrested its agent there on February and fined him $25 in the Mayors Court. The petition asks that defendants be restrained from furth- CT attempts to collect said license and from molesting its agent.
 Judge Jones has set the case for a hearing before him in Montgomery Feb ruary H. and in the meanwhile has re- strained the defendants from requiring the payment of said license tax and from molesting the agent of the Express Com pany.
 The bill recites that the principal office of the company is at Savannah, and that for many years has been doing business in Alabama as a common carrier engaged in interstate commerce That it has an office at Ensley, and that during the years 1901 and 1902 that city undertook to collect a license fee from complainant of $1OO, and that said license tax Is in vio- lation of the constitution and laws of the United States.
 To Arrest Him Every Day.
 It recites the arrest of it's agent on February because said license was not paid, and the adoption by the Mayor and Aldermen of Ensley since that date of a resolution to the effect that said agent should be arrested on every day in which he did business for complainant, without paying said tax, and that in pursuance of said resolution said Carlos T. Walker has again been arrested, and 1t is stated by N. w. Scott, Mayor of Ensley, that he would continue to be arrested every day until said license fee was paid.
 The bill alleges that it is impossible to ascertain the extent of the injury to which it will be subjected by these con- tinuous arrests and that 1t Is without sufficient remedy at law to protect itself.
 It therefore prays that the defendants be required to show cause why the relief prayed TOT Or-SnOulu HUI De Brdllteu duo that they be enjoined from further mo- Iestation of said agent and from the en- forcement of said ordinance and resolu- tion.
 Other Orders Signed.
 Several other orders were signed by Judge Jones yesterday.
 The petition of J. B. Cobb as receiver of the Continental Security Redemption Company for leave to pay office rent has been referred to Special Master c. J. Allison to report to the court as to whether said rent should be paid, and if so, what would be a proper amount
 An order was issued in the case of the Hillside Cream and Lunch Company, against which a petition Is pending to have adjudged bankrupts, restraining James A. Allen, as receiver, from selling any of the property of the company in his hands pending the bankruptcy pro- ceedings.
 H. c. Smith, who is creditor of Boss Ellison, bankrupt, and who on petition of said bankrupt is alleged to be proceeding on a garnishment contrary to the orders of the bankrupt court. is restrained from further prosecuting said garnishment and is ordered to show cause on March 3, 1902, why he should not be attached for contempt in attempting to defeat the or der of said bankrupt.