The Birmingham age-herald., 1902-06-15
Mr. Percy Closes His Argument
 in SeabOard Injunction Suit
TALKS OF DIFFERENT ROUTES
Shows How Other Lines Would Not Be FeaslbIe-Relt's Contention About 2e-Foot Strip Already
 Knocked Out.

Argument was continued Tn the Chan- ccry Court yesterday upon the motion of the Seaboard Air Line to dissolve the injunction issued by Chancellor Car michael at the instance of the Belt Line. restraining the Seaboard from laying any tracks on the rights of way recently granted 1t by the city and county au- thorties.
 MT. Walker Percy spoke for several hours during the morning concluding his arguments on behalf of the Seaboard, which were begun Friday
 Chancellor Carmichael was too unwell to hold an afternoon session and the ar- gument will be resumed tomorrow morn ing
 MT. Alex T. London, Mir. E. H. Caban- iss MT. Lee Bradley and Mir. John Lon don are to make arguments for the Belt Line, and Mir. E. K. Campbell and MT. John P. Tillman for the Seaboard.
 Made Law lf Not Money.
 Mir. Percy resumed his argument on the opening of court by saying the Belt Line had made a good deal of law, if not a great deal of money. That 1t was not
 
 in the streets had been asserted and 1t had been decided in the case of Highland Avenue and Belt Railway Company vs. Birmingham Union Railway Company, 8 Ala, 57, that the Belt Line has no title to any portion of the streets and has simply the right to lay it's tracks on its right of way properly granted 1t.
 In the case of Highland Avenue and Belt Railroad Company vs. Birmingham Railway and Electric Company, 113 Ala. This title to a 26 foot strip was disregard ed by the Supreme Court. MT. Percy H. lustrated hat was necessary to acquire the right to lay tracks and operate trains in public street saying it required the consent of the public authorities and the abutting property owners, and that this must be followed by actual occu- pation This was to show that the Belt Line was claiming title to streets (nota- bly Avenue A from Twenty ninth to Thirty-second street. which 1t had never occupied with its tracks and which it could not occupy now without consent of the municipal authorities and paying damges to abutting property owners.
 That all the Belt Line acquired by the conveyance from the Elyton Land Com pany, attempting to convey to 1t a 26 foot strip in certain streets, was re- lease of damages as to abuttlng property owned by the land company. It Is im- possible from the deed to say in what part of the street the alleged 26 foot strip Is.
 Kept Outside Limits.
 That when the Belt Line laid tracks at night on Thirty econd street they were careful to keep outsiede of the city limits, as they could not lay any tracks in the city limits, even on their so-caled 26 foot strip, without consent of the public authorities. The Seaboard had no inten- ton of intei ferring with any track laid by the Belt Line in. tue legitimate opera ton oc thcir bnsipess.
 MT. Percy then discussed the question whether the tracks which the Seaboard proposed to lay would constitute a public nuisance, as alleged by the Belt Line. He contended that they would not be Line was not the proper person to com plain. A public nuisance must be occa- stoned by acts done in violation of law.
 Photographs of Avenue A and other streets on which the Seaboard intended to construct tracks were introduced in evidence to show the absence of houses ard that the building of tracks would not be a nuisance and also to show that they were the most feasible reuotes for the Seaboard and that the proposed routes suggested by MT. George Clark in his affidavit were not as convenient or ss practicable.
 The photographs also showed the new tracks hastily built by the Belt Line.
 The advisabillty of Avenue as the only practical route by which the Sea- board could reach the center of the city was shown and MT. Hendricks affda- in on Avenue A the tracks could be run under the Twenty-first and Twenty second street bridges and grade crossings on these streets avoided.
 Burden on Other Roads.
 Mfr. Percy showed the burdens which would be imposed upon the Louisville and Nashville, the Alabama Great Southern. the Central of Georgia and the Southern roads by having the Seaboard's tracks make 0 new crossing by going north on Thirty third street. as proposed by Mir. Clark. Instead of or Thirty-second street, where the Belt Line has its tracks. New tracks would not interfere with the Belt