The Birmingham age-herald., 1902-06-06
Files Answer in Chancery Court to Bill on Which Injunc-
 lion Was Based
TRACKS LAID SOLELY ID
 OBSTRUCT SEABOARD
Intimates Legal Action Was Prompted By Sinister and Improper Bus. ness Motives More Than
 Regard for Public.
ssza HE seaboard Air Line. known gen

Rzz1 HE Seaboard Air Line, known gen. orally as the Birmingham and Atlanta Air Line Railway, filed It's answer in the Chancery Court yester- dhy to the bill brought against 1t by the Birmingham and Belt Railway Company, and upon which an injunction was grant ed few days ago restraining the Sea board from laying any tracks on the rights of way recently granted 1t by the city and county. Notice of motion 10 dissolve the injunction has also been given and this will be heard Saturday.
 The contentious of the Belt Railway were that 1t owned absolutely right of way of 26 feet on certain streets and that the city had no authority to grant a right of way to any other road which would interfere with Its enjoyment of it's franchises. The answer denies that the Belt Railway has such right of way and claims that before it was attempted to be granted to 1t by the Elyton Land Company that company had dedicated the streets to the public and could not grant an exclusive title to any portion of the street.
 The answer claims that the recent tracks laid by the Belt Line on Thirty second street and Avenue A were laid sole ly with view to obstruct the Seaboard and attached as exhibits photographs of the new tracks to show how cheaply and carelessly they are constructed The al- legations in the answer as to this subject are as follows
 IMPLIES SINISTER MOTIVES. "As already stated, the municipal au- thorities, including the city engineer of the city of Birmingham, after a careful investigation of respondents proposed route, have unanimously decided that 1t was the route most available and desir- able from the standpoint of public safety and convenience. The board of revenue of Jefferson County has taken the same view. The press and people of the city of Birmingham have cordially commended l the granting of these franchises by the proper authorities.
 Under these circumstances, respondent may be pardoned for suspecting that the action of complainant Is animated by sin ister and improper business motives rather than a decent regard for the pub lie convenience. And this suspicion is &C., centuated in view of the action of com plainant in ransacking the junk shops of the town for the purpose of resurrecting rusty rails which it has laid on Avenue A and Thirty-second street In such man ner as to constitute a bar to the use of those streets, while it Is sare to say that the services of a wrecking car would be required if an engineer in complainant S SCI vice should happen to be sc foolhardy as to attempt to run the length of his engine on one of these new tracks
 HAS NO RIGHT OF WAY.
 "As already stated, complainant has no 26-foot right of way in these streets, and therefore 1t is unnecessary to con slider how much of these streets would be left for respondents use or for the use of the public. if complainant's claim should be sustained. But respondent states that there is ample room in the streets and avenues mentioned in com plainant's bill for the construction, op- eration aAd maintenance of such tracks as will be required by complainant and respondent for the legitimate prosecution of their respective business"
 The answer covered over 40 pages of type written matter. It deals in detail with the allegations of the bill and gives history of the formation of the Belt Line and vigorously denies any right of the Belt Line to a 26 foot strip in any of the streets or avenues in and around the city. It appears that the Belt Line claims that 1t has the right to occupy 26 feet in Thirty-second street from Avenue B to Tenth Avenue, north and that it has the right to similar strip In Ave- nue A from Thirty-second street to Twen- ty-ninth street. Both of these contentious are disputed by the answer and 1t Is shown that the claim of the Belt Line is based upon a deed made by the Elyton Land Company whereby that Company undertook to convey certain rights in the streets and avenues
 CONVEYED TO CITY.
 It Is shown, however that as early as 1877 the Elyton Land Company made A. deed of conveyance to all of the streets and avenues then in the city of Birming- mapped and surveyed the city and proper ty contiguous to the city and that by selling lots with reference to it's maps 1t had dedicated the streets and avenues