The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-11
LAWYERS ON EACH SIDE
CLAIMING THE VICTORY
According to Ruling Belt Road Has
Right TO Center of Street In Cues
tion, But seaboard Can
Build on Side.
- HE seaboard Air Line Railroad is

to be permitted to build into Bir-
Tningham and to lay tracks upon
the streets on which franchises were
granted 1t by the Board of Aldermen
without further trouble or delay.
Chancellor Carmichael rendered his de-
cision yesterday in the injunction suit
brought by the Belt Railroad against
the seaboard Air Line to prevent the lat
ter from laying tracks on certain streets
over which the Belt is now operating.
Railroad the rights and title, so to speak.
to a 26-foot right of way in the center
of each street in contention. The chan
cellor however. decides that the Seaboard
Air Line may lay one track on each of
these streets on the outside of the Belt
Lines right of way; that is, outside of
these streets.
The decision applies to Avenue from
Twenty-ninth street to Avondale; and to
Thirty-second street from Avenue e
south to Tenth avenue on the north; and
to Tenth avenue north from Thirty-sec-
ond street to Fifteenth street. On all Of
these streets, except on Avenue A from
Twenty-ninth street to Thirty-second
street the Belt Line already has tracks;
and 1t has the right to lay tracks within
a 26-foot strip on Avenue A from "wen-
ty-ninth street to Thirty-second street.
On all of these streets on which the Belt
Line has tracks, the chancellor's decision
allows the Seaboard Air Line or the Bir-
mingham and Atlanta Air Line, to lay
one track.
On the other streets in Birmingham on
which the Board Of Aldermen granted the
Seaboard Air Line rights of way and
franchises, there is no contention, and
the chancellor therefore took no action.
Thus the Seaboard Air Line by the de-
cision OF the court, is practically granted
the right to build It's road into every Sec
ton of Birmingham that 1t asked the
Board of Aldermen for the right to build.
On gomo of these streets. on which the
Belt Line is now operating. 1t asked for
two tracks. On these particular streets
the chancellor In bis decision only ac-
cords the Seaboard the right to build
one track. On other streets. not occupied
by the Belt, such as Avenue A from
Twenty-ninth street west through the
city, the seaboard may lay all the tracks
that the Board of Aldermen granted it
the right to lay.
Everybody Satisfied.
While the decision recognizes the con-
tended right of the Belt Line to a 26-foot
right of way through certain streets Of
Birmingham, at the same time 1t gives to
the Seaboard practically all the rights it
contended for.
The attorneys for each of the roads
claim victory. Outside attorneys are
rather of the opinion that In the Ian
guage Of the school boy, the decision of
the chancellor is rather a dog falr' as
between the contending attorneys.
The decision is pleasing to both the
Seaboard and the Belt. There was some
talk last evening to the effect that the
Belt Line people might appeal the case
to the Supreme Court. but the best
opinion among railroad men and attor-
reys Is that the decision is such that the
Seaboard people and the Frisco people,
who are the owners of the Belt are
both In position where they can now get
together and settle their differences. In
ether words, both railroad systems now
know what their rights are. and under
the circumstances 1t is believed that they
can ger together and decide among them
selves bout how the streets In contcn-
tion shall be occupied by the two systems
jointly.
1t was said last night that Vice Presi-
dent Winchell Of the Frisco system and
Vice President Barr of the Seaboard
would probably meet in Birmingham
early next week to take the matter up
rpcn the practical b,sis of practical rail-
road men