The Montgomery advertiser., 1903-04-30
Attorneys Argue on Peti-
 ton to Council.
Property Estimated to Be Worth $l,oO0, 900 is Involved-City Fathers Decide to Postpone
 Action on the Matter.
Advertiser Bureau, q

<hOulic, <tPAh
 A special meeting of the General Coun- ell vas held tonight. called by the Mayor to act upon a petiti m of citizens. The entire membership except Councilman Smith, was present The chair stated the object of the meeting and Clerx 'To the Honorable Mayor and General
 Council of the City of Mobile:
 Your petitioners, the undersigned, re- spectfully represent that they are citi- zens and taxpayers of the csy of Mo- bile that they and their granters many years past have been the owners or lands abutting on Mobile River and Bay, and that such lands are chiefly valuable for their water privileges: that. 1t mas been the custom of petitioners and their pred ecessors to. use such lands in connection with the water privileges and that Tn many instances the property of petition- CTS has been improved with the view to making use of it in connection with the navigable waters of Mobile River ana pay, that these improvements have been erected and maintained with the knowl. edge, consent and under the direction or the city of Mobile, and according to the rules and regulations established by said city. and also by the State of Alabama. and petitioners further represent that said lands were purchased with the ex- pectation of erecting wha"ves, booms, piers and other structures that Woulo make such property available to petition-
 
 bile River.
 "Petitioner, further represent that suits in ejectment have been instituted Tn the Circuit Court of Mobile County by the city of Mobile against petitioners, claim ing the shore and soil ,nder Mobile River and with the view to Geprsving petitioners of the right to use and enjoy their prop erty, contrary to long established GUS. tom. Petitioners futther represent Una! the institution of said suits has stopped xh ,a,f nf al inc nrOnGrtY ln- volved, thereby retarding public improve ments and greatly damaging petitioners without resultant benefit to the city ol Mobile. The petitioners respectfuliy re. quest that the city dismiss said suit al the cost of petitioners and petitioners hereby offer and agree to indemnity the city against all loss and damage tna' may accrue to 1t as result or the dls' missal of said suits. And as Tn dutS bound petitioners will ever pray; General Manager.
 Hunter Benn Company. by R. II. Hun ter. Managing Director.
 Richard H. Clarke.
 Farmers Island Land company oy n
 M. J. and K. c. Railroad Company by F. B. Merrill. President.
 Frank E. overall.
 ''T. c. Bush, by Bestor. Gray & Bes tor, Attorneys.
 Mobile Docks Company. by H. Tacon Murray and Peppers. Cora H. Powell and Mary D. Harri son, heirs of Sarah Bell.
 "E. Waring, by M. Waring Harrison Agent. ...
 "W. Lee Crowley, by Erwin x McAieer Attorneys. u , M ID AffOrneVs.'
 Councilman Lyons moved time be al | lowed the attorneys on both sides to pre- pare their remarks. and one hour wa allowed each, the petitioners to ope'
 Hon. R. H. Clarke opened and review | ed the acquisition of the titles or tn l petitioners. He said they had expenoe much money in improvements to the oet | torment of the city in commercial way | One Barnes, deceased, had brought abou these suits with a view to gain for nm self not caring for the damage to tn city's interests. He contended that tnl Council could and should give the pc titioners what they are honestly entities | to.
 In answer to a question as to whethe | the petitioners would, by retiring thes suits, acquire title to same, MT. Clark | said they wished only to be able to e before the Mobile River Commission an ! obtain protection for present and futur | improvements. He said the building Q | the isthmian canal would ensure Mooil great commercial benefit.
 Harry T. Smith. for the city, said tn | policy of the city in these suits is exact | ly the same as pursued by every cit | in the United States. especially Nev l York The river front in dispute i worth many times all the other propert, owned by Mobile. Legislation was grant ed the city before the suits were insti tuted, These suits were begun after tn | Supreme Court had decided one in favo | of the city. He held the Council coul