The Birmingham age-herald., 1902-06-13
Hearing of Injunction Suit Will
 Begin This Morning
BEFORE JUDGE CARMICHAEL
Belt Line Files an Amendment to the Original Bill and Several Affidavlts. The Seaboard Could Have
 Selected Another Route.

Chancellor John C. Carmichael will hear argument this morning on the motion Of the Seabcard Air Line to dissolve the re- recent injunction granted by him at the instance of the Belt Line, and which pro hibited the Seaboard from laying any tracks on any Of th4 rights of way re- gently grt ntcd 1t by the city and county authorities.
 Sc far as is known the sale of the Belt Line to the Frisco system will have no effect on the pending litigation between the Belt and the Seahoard. This will prop ably be carried to an end iE order to get a judicial decision as to the rights or the respective parties.
 Mir. William A. Walker of counsel for the Seaboard returned yesterday from St. Louis where he went at the instance of President Yoakum of the Frisco sys- tenn to supcrintend the legal transfer Of the property. MT. Walker was not in- formed Of any intention on the part Of the Frisco System to discontinue the litigation.
 File on AmenumeHt.
 Tn the Cha1cery Court yesterday coun- sel for the Belt Line filed an amtndment to their bill anG seveia al aftidavits in sup port of their contentious The amended bill sets forth more clearly the title of the Belt read to the fl anchises which 1t clalms.
 Counsel for the Seaboard were busy all of yesterday in preparing counter af- fidavit. to thote filed by the Pelt Line. These will be filed this morning.
 The arf!davits filed by the Belt Line yesterday weco mainly to show that there was anotner route which tho Scaboard might take to enter the city which would not bo or the same streets as the roads of the Belt Line. but would be quite as feasible and practicable Affidavits were filed by Messrs. II. M. Atkinson, Louis p Pairo, George II. Clark, John A. Mill ner and Herman Sshoel.
 The affidavit of MT. II. M. Atkinson simply denied that the Belt Line was or had ever attempted to prevent the Sea board from entering the city, and stated that on the contrary 1t was anxious for 1t to do so. It stated also that no offer to purchase the Belt Lines property had been made by the Seoboard before 1t ap- piled for its right of way.
 Two Possible Routes.
 MT. Louis P. Pairo, vice president of the Belt Line, stated in his affidavit that for the past eighteen years he had been ltz gineer and engaged in the location and operation of railroads in different parts of the United States. That there are two feasible routes in which a railroad could be constructed running from Bir- mingham eastwerdly through Avondale towards the State of Georgia and that he concurs in what MT. George H. Clark says in his affidavit in regard to said routes.
 That shortly after coming 10 Brming- ham he concluded 1t would be desirable for the present and future business of the Belt Line to double its track on Tb!rty-second street from Avenue E to Eighth avenue North. and thence to Tenth avenue North, and along that ave nue to near Fifteenth street, and that he reported said conclusion to the president of his road and was authorized to proceed with said Improvements.
 Afiant states that shortly thereafter some officers of the Birmingham and Atlanta Railroad called and were shown by him over the routes of his said road. and that it was ten days after this that the Birmingham and Atlanta railroad presented its petition to the city council. That as a matter of fact the affiant had requested his at to take steps to secure a right of way along Avenue from Twenty ninth street to Fourteenth street and that said petition was presented at the same time that the Seaboard's was
 Shows a New Line.
 MT. George H. Clark. the general man. ager of the Belt Line. in his affidavit states that he has been engaged in the bustns+s of operating and constructing Enes nf raf-ead in the United States. The Aftiaat than s.a.ea that there is an- otAcr route as feasible Tor the Seaboard 70 enter Birmingham as tae one chosen by IL. This would be for 1t to enter the city by leaving First avenue south in the ..,wr or Avondale esst of the Southern Pathway shops. going thence .oIsh to Avenue and thence westwardly along Eaid avenue to a point near 1hirty-arst