The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-06-01


B and for tracks on Thirty-second street
from Avenue E north to Tenth avenue
and along Tenth avenue west to Fifteenth
street.
Thlrd-That said petition for franchises
has been granted and 1t has duly accepted
the same.
OCCUPYING STREET..
Fourth-That the Birmingham and Belt
Line Railway Company up to a few days
ago had only one track on Thirty-second
street, which was entirely sufficient for
its business, but that since the passage of
thesordinance granting petitioner its fran
chises over said streets it has been &C.
curying said street with additional
tracks from Avenue e to Tenth avenue,
north, the said tracks being loosely laid
and built only that defendant might say
that 1t was in possession of said portions
of said street.
Petitioner states on information and be-
lief that the defendant has never acquired
from the city or county authorities any
right to use said street and no steps were
until after petitioner was granted its
franchises over it, That said tracks have
been carelessy laid and that there had
been no grading done in laying them ex-
cept little at the intersection of Thirty
second street and Avenue A.
NOT FOR BUSINESS.
That two new tracks have been laid
:, To-
and petitioner alleges on information and
belief that they were net placed there for
use by the Belt Line in it's business.
That the tracks are an obstruction upon
the street and constitute nuisance That
they are carelessly laid and not fit for
USE and petitioner states on information
and BELIEF that 1t is the purpose of the de-
PENDANT to continue laying additional
tracks on Thirty-second street to Avenue
E, and 1t alleges on Information and be-
lief that the purpose of the defendant is
to deprive TIE petitioner of the use of
said street over which 1t has obtained a
franchise, and that 1t is a bold attempt
to spread itself over Thrty-second street,
which is n public highway, and therebx
prevent its use by others.
Fifth-Ihat the defendant is preparing
to build tracks over Avenue A from
Thirty second street, west, and for this
purpose 1t has already laid cut a large
amount of crossiles and rails and that
the sole purpose of building said tracks,
as petitioner believes, is to hinder and de-
lay 1t in the exercise of its franchises
COUNTY RIGHTS.
Sixth-That the Board of Revenue of
Jefferson county has granted petitioner
a franchise ON Thirty-second street be-
tween Avenue e and Tenth avenue north
and also on Avenue A extended between
the eastern limits of the city of Birming-
ham and the western limits of Avondale
and that both of said streets have been
dedicated to the public use. That since
the granting of said franchise to petition
er the defendant is preparing to lay
tracks on said streets which are not nee
essary to 1t in its business and which it
seeks to put down soley to obstruct
petitioner.
Seventh-That the defendant Is also pre-
pairing to build tracks on Tenth avenue
with view to hinder and obstruct Pc
titioner in the use of It's franchises.
Eigth-That petitioner has selected these
streets for its right of way in entering
the city of Birmingham and that the
defendant on ascertaining its purpose
commenced its work in laying said tracks
to delay and obstruet it.
Ninth-That the defendant is rapidly
progressing with It's said work and the
petitioner may lose its rights granted it
by the city and county unless the de-
PENDANT is enjoined.
ASKS FOR INJUNCTION.
Wherefore. 1t prays that a temporary
injunction issue restraining it from pro-
ceeding with its work of laying tracks on
Thirty-second street and on Avenue A,
both within and beyond the city limits,
and on Tenth avenue, north. 1t also asks
for a perpetual injunction on the final
hearing and mandatory injunction re-
quiring the defendant to take up it's tracks
which 1t has recently laid.
Judge Coleman issued the Injunction ac-
cording to the prayers of the bill restrain
ing the defendant and It's agents as pray
ed for. He required the petitioner to
give bond In the sum of $4,000 before is
suing the injunction
The bill was filed by Walker, TIlman,
Campbell and Walker and Walker Percy
HAVE NOTHING TO SAY.
Attempts were made yesterday to secure
a statement from representatives of the
Belt Line, but none of the officials in
charge of the. companys affairs would
consent to give expression to but five
words
IT have nothing TO say
Before the sheriff's deputies served the
injunction papers the employees of the
company who have been working for sew
eral days on the track on Thirty-second