The Birmingham age-herald., 1902-06-04

A second injunction was obtained yes- terday in the Chancery Court by the Birmingham Belt Railway against the Birmingham and Atlanta Air Line Rail- way, better known as the Seaboard. The first injunction was obtained by the Belt Railway at midnight on May 31. The pe- tition for 1t was prepared in a hurry so as to stop the Seeboard from laying the tracks, and the Belt Line not thinking that this injunction was quite sweeping enough. yesterday presented a petition to Judge Carmichael and obtained tenn porary injunction which prohibits the Seaboard from laying any tracks along any of the rights of way granted 1t by the city and county. or from laying any tracks along any of the rights of way of the Belt Line.
 No date has yet been fixed for the hear ing of the application for a permanent injunction.
 VoLuMlNoUs BILL.
 The bill Is very voluminous, containing forty pages of written matter. In brief 1t sets out the history of the Elyton Land Company and recites that this comp pany built the Belt Railway on ground which 1t owned. It denies that the parts of the streets of the city of Birmingham as laid off by the Elyton Land Company, and which were outside of the city limits were ever public roads.
 It recites the incorporation of the Highland Avenue and Belt Railroad Com pany which purchased from the Elyton Land Company It's railroad property and franchises. This deed conveyed among other franchises a strip of land 26 feet wide on Avenue E from Fifteenth to Thirty-second street. Thirtysecond street from Highland avenue to Tenth acenue, North; Tenth avenue from Thirty-second street to near Fifteenth street; Eighth avenue, North, from Thirteenth street to near Ninth street; Fifth avenue, South, from Fifteenth street to the Louisville and Nashville .ilroad; Fourteenth street from Fifth avenue, South, to Powell ave- nue; Second avenue, South, from Four teenth street to near Sixth street; Sev- enth street from Sixth avenue, South, to line of Elyton Land Company's property; First avenue. South, from Thirty-second street east to west line of property of the Avondale Land Company.
 It alleges that on August 2s. 1890. the Elyton Land Company conveyed to the Highland Avenue and Belt Railroad Com- pany a strip of land thirteen feet on each side of the center line of avenue A. be- ginning on the west line of Twenty-ninth nA ct oIo the ter of avenue A a uniform width of twenty-six feet to the center of Thirty second street. as a right of way, and 1t alleges that at this time the said property was without the city limits of Birming- ham.
 It alleges also that the full width of the rights of way granted by the Elyton Land Company are necessary to the ope- ration by it of two tracks on said street.
 The sale of the property of the High land Avenue and Belt Railroad Company and its subsequent purchase by the Bir- mingham Belt Railroad Company is set out, as Is the incorporation of the Bir- mingham and Atlanta Air Line Railway hereinafter called the Seaboard). and it Is alleged that for the purpose of destroy Ing petitioners rights, both within and without the city limits, the Seaboard asked for the right to lay tracks along Thirteenth street and avenue B, between Thirteenth and Sixteenth streets, and along avenue to the city limits on the west. and along Thirty-second street from avenue E to Tenth avenue. North, and along Tenth avenue. North, in westerly direction to near Fifteenth street and thence to the city limits on the west with the right to construct two tracks, with thirteen feet between the centers, and also along avenue A from the eastern limits of the city to the west side of Thir- ttenth street
 DESTROY ITS PROPERTY.
 It sets out the granting by the city of the franchises asked for. and alleges that the building by the Seaboard of said tracks would greatly impair. if not en- tirely destroy. the value of petitioners franchises. and states on advice of coun- sel that the Birmingham and Atlanta Air