The Birmingham age-herald., 1902-06-06
CiI to Take Action Today on
 21st Street Obstruction
GOES ID SUPREME COURT
The Petition Alleges That Judge Cole mans Order Is Without Warrant of Law and Should Be
 AnnuIled.

City Attorney E. D. Smith left Tor Montgomery yesterday afternoon and will this morning for the city of Bir- mingham file in the Supreme Court pe- tition for mandamus requiring Judge A. A. Coleman of the Circuit Court to an- swer by what authority he issued his order closing Twenty-flrst street be- tween Third and Fourth avenues during the hours of holding his court.
 The Supreme Court will at once issue rule nisi directed to the judge re- quiring him to make answer to the al- legations in the petition. The case will then come up for a hearing, as 1t is privileged matter and will not be subject to delay.
 Allegations of Bill.
 The bill to be filed this morning will al- lege that the obstructions placed on Twenty-frst street by Judge CoIeman's order constitute a nuisance and injure the value of the property on this block.
 The bill sets out that the plaintiff Is municipal corporation and gives the sec tions of the city code establishing for public use the streets and alleys of the city, and alleges that there never has been any change in Twenty-first street since 1t was first dedicated to the pub lie.
 It describes the location of the city of Birmingham as divided by the railroads and says that it has 40,00O population and about half on each side of these tracks. That the only safe way for pedestrians and vehicles to cross theCe tracks is by the Twenty-first street bridge, which makes this street an important thorough fare It also describes the line of street cars on this street which serves the peo- pie in different sections of the city and which cars are required by said order to go at lesser rate of speed than is al- lowed by the city ordinances.
 It names the property holders on Twen- ty-first street between Third and Fourth avenues who are deprived of access to their premises by vehicles during the hours of court and whose property is al- legged to be less valuable on that account.
 It sets forth that the paving of Tweny- first street with vitrified brick as au- thorized by its charter an. says that the street thus paved Is used by the public.
 Judge Coleman's Order.
 It then describes the order of Judge Coleman, issued June 6 which is as fol- lows:
 State of Alabama, Jefferson County Circuit Court.
 ITO Andrew w. Burgin, Sheriff of Jeff ferson County, Alabama.
 You are hereby ordered to furnish two extra bailiffs now needed by this court; you are further ordered to place one of said bailffs at the junction of Third av- enue and Twenty first street on the north side of said avenue, and place the other bailff at the junction of Fourth avenue and Twenty first street on the south side of said Fourth avenue.
 "The hours for holding this court are as follows; From half-past nine a. m. to half-past twelve D. m., and again from two p. m. to half-past five D. m. You will instruct said baliffs that while this court Is in session as designated above, they must not allow the passage of horses or stock of any kind or vehicles of any kind along Twentyfirst street, between said avenues, Third and Fourth, except the vehicles of the fire department when on duty, and the street car, provided said street car shall not exceed the rate of two miles per hour while passing between said avenues.
 You will put up at each of said cross ings conspicuous notices to the public that no passage as aforesaid will be all lowed OF Twenty-first street between Third and Fourth avenues during the said hours, when this court may be jn session. A. A. COLEMAN,
 Judge of the Tenth Judicial Circuit
 It alleges that on the afternoon of June 2 the said street was closed to traffic during court hours, ropes being stretched across the street to prevent passage. and that two bailiffs dere stationed to see that the terms of the order were en- forced.
 Obstruction a Nuisance. It averred that the Circuit Court will, continue to sit for many years, and that this obstruction of the street is a nuisance which 1t Is the duty of petitioner to ab9te, and that such Instructions are maintained under the order of Judge Coleman of the tenth judicial circuit un- der color of his office, an interference with which would be punished by him as contempt of court. The petition alleges that said order is without warrant of law ana should be annulled.