The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-06-01
SeabOard Gets Court Order Re-
straiRing Bell Line From
Laying Track
NEW ROAD PUTS IN HALF
NIGHT LAYING CROSS TIES
Belt Line Gets Out Injunction Shortly
Before Midnight, But Seaboard
Laborers Had Already Been
Ordered to Cease.
came fast

20 DEVELOPMENTS came fast In
the war between the Seaboard
- and the Belt Line yesterday and
before midnight last night each side had
an injunction to its credit. Late yester-
day afternoon the Seaboard secured an
injunction restraining the Belt Line from
laying tracks on Thirty street,
Tenth avenue and Avenue A.
No sooner had this injunction been
served than the Seaboard representative
began having brand new cross ties hauled
to the base of operations. When night
came numerous gasoline lamps lighted up
the scene and gangs of laborers began
laying a railroad track on Avenue A for
$50 or 200 yards outside the city limits In
an hour Belt Line engine came putting
on the track on Thirty-second street and
stopped at the crossing of Thirty-second
street and Avenue A. The engineer
alighted from the cab and calmly an
nounced that he had orders to stop there
1uT luIlleI uClioilSs anu bAiNA = ~ 49,
ried When the Seaboard laborers
knocked off at :55 so as not to inter-
fere with any possible Sunday law, the
engine was sthl standing there.
The men In charge of the Seaboard
work said that the locomotive did not In
terfere in the least with their operations.
They latd cross ties for some distance
beyond the city limits and put down a
couple of rails on Avenue A just inside
the city limits. The track on the outside
of the city Is alongside the track first
built by the Belt Line on Avenue A.
The next development was a temporary
injunction gotten out by the Belt Line
restraining the Seaboard from laying
track on Avenue A from Twenty ninth
street to Avondale and on Thirty-second
street.
The bill of injunction was filed shortly
before midnight. The attorneys for the
birmingham Belt Railroad were London
anu LOnuOH, OaDdlllSS dlu w Cdhig anu
Bradley and Morrow.
The attorneys took carriages and went
to the residence of Judge A. A. Cole
man and the necessary papers were
signed In few minutes.
Several policemen watched the work
and Chief Austin had a conference with
the seaboard officials about II 80 o'clock.
FIRST INJUNCTION.
Judge A. A. Coleman or the Circuit
Court yesterday granted IN injunction
restraining the Birmingham and Belt
Line Railroad Company from laying any
tracks on Thirty-second street, Tenth av
enue and Avenue A.
The injunction was issued at the In
stance of the Birmingham and Atlanta
Air Line Railway. which Is the Alabama
name used by the Seaboard Air Line.
This road filed a petition yesterday af-
ternoon in the City Court alleging that
the Belt Railway was laying tracks on
Thirty-second street, and preparing to
lay them on Avenue A and Tenth avenue
dS pellllOHtI DelitNSo SOlciy loi llS puI-
pose of obstructing the Seaboard. 1t Is
set up that petitioner had franchises
granted to 1t over these streets by the
city and county and 1t asked that the Belt
Railway be enjoined as otherwise it's
franchises might be irrevocably impaired.
Judge Coleman granted a temporary in
junction, but no date has been yet fixed
for hearing the matter on the application
for a permanent injunction.
THE ALLEGATIONS.
The bill filed by the petition ,r makes the
following allegations:
First-That 1t Is a corporation of Ala
bama duly organized for the purpose Of
operating a railway from Birmingham to
the division line between Georgia and
Alabama, and that for the purpose CT
building said road it will need the nee
essary rights of way.
Secondhand 1t has presented a petit
ton to the Mayor and Board of Alder
men for franchises on Avenue A from
the city limits on the east to the Birm-
ingham Rolling Mill on Thirteenth street
also for tracks from there west on Avenue