The Birmingham age-herald., 1902-06-17


 the granting of the right for a railroad to lay its tracks in the streets was not inconsistent with a previous dedication to the public. The Highland Avenue and Belt Railway could have condemned 26- foot strip in the streets. but instead Of this 1t was granted to them. MT Lon don then discussed the alleged indefinite ness of the deed conveying the 26-foot strip and cited authorities to show that the conveyance was in fact definite.
 'I think we have established our title to the 26-foot strip" said Mir. London, "and In view of this l think 1t Is suf- ficient to authorize your honor to con- tinue the injunction, not only not dis solve 1t, but if 1t Is possible, to make 1t perpetual In view of the second equities in the bill"
 Mir. London further argued that the title of the Belt Line to its rights of way had not been denied In the answer of the Seaboard. and that therefore the in- junction ought to be continued. The answer of the Seaboard simply said in effect that admitting everything the Belt Line said. to be truth, 1t did not give them a title. That this answer merely set forth conclusion and did not deny
 Tells a Story.
 He argued that under the power of the general statutes the Seaboard could not under the charter which authorized 1t to enter and leave the city, parallel the entire route of the Belt Line. It re- minded him, he said of a small boy at breakfast who asked his father to speak to his brother Bill. What has Sill done? asked his father. Why he took a biscuit l was looking at This Is why the Sea board filed a bill to enJoin the Belt-its only reason was that the Belt had asked for a right of way on which the Sea- board had fixed it's eye.
 MT. London discussed the deed from the Elyton Land Company to the High land Avenue and Belt Railroad and de- fined the function of a belt line, saying that the right of access to abutting property on which industries might be built was one of It's most valuable rights. What constitutes a public nuisance in the streets was defined and 1t was con- tended that the city of Birmingham had no power to allow a railroad to take public street and put down so many tracks on 1t as to practically make it railroad yard and to exclude the pub lie from It's use Yet the City Council these trustees so loudly extolled by Mir. Percy-now backed by public clamor, propose to turn over part of Avenue A to the Seaboard, practically for its ex-
 
 the Kansas City on Ninth avenue and the Southern on Powell avenue. The Sea- board avows its intention to build four tracks on this part of Avenue and these with the necessary switches will practically bar the public as effective ly as if they built a fence across the street. lie denied that the city had such power.
 MT. London then spoke of the streets in the city now taken up by railroad tracks and compared them to a Chinese wall surrounding part of the city and cut tins off access to other portions.
 MT. London cited the decision of the Supreme Court holding that three street car tracks on Eleventh avenue. south, an 80-foot street, were public nuisance, and said that four railroad tracks which this benevolent institution proposes to light here and establish would certainly be a nuisance, MT. Kendrick and all the civil engineers who ever graduated to the con tral y
 He said that Mr. Williams, Mir. Barr and others came here seeking what they might devour. and that they got into the Belt Line dove nest and said this is our meat" They then went to the City Coun- ell, which after a very careful consider alton of three days, practically granted the Seahoard all the rights and fran ch;ses of the Belt Line. They said we will take this poor little helpless Belt road and consume that.
 He asked what use the Seaboard had for Tenth avenue. It never intended to go west. They only go far enough west to take the Belt Lines property. Then General Butcher" tells us we are hold ing up the Seaboard until the Belt gets its price.
 MT. London said the Seaboard treated all the property of the Belt Line as some thing to take. This was the only use they had for It. They spoke of the Belt holding up the Seaooard while the Sea board really had the Belt down, was sit tirg on its head and kicking 1t in the stomach with the nope of knocking the breath out of 1t.
 At the conclusion of MT. London's argu- ment court adjourned until 9:30 this morn ing, wner. MT. E. K. Campbell will make the closing argument for the Seaboard.