The Montgomery advertiser., 1903-05-02
NJUNCTIONS AGAINST
 MOBILES MAYOR AND COUNCIL

Junction proceedings. MT. Boone said in ms Judgment 1t was beyond the power or the court to enjoin a legislative body, as had been done, from passing a reso- luton. He advised, however, that the Soshcli proceed judiciously. He said he nad secured modification. The court nad kindly permitted the General Coun- s,i 70 pass resolution asking a contin- uauon Of the cases pending until this mannamus suit has been terminated:
 councilman Hale asked what suits MT. boone referred to and was informed. In asking the question, he said he had no opportunity of knowing what had been saAo Dy some of the members before the council convened.
 ,ost1 councilman Lyons arose and sharply re- eorteo that MT. Hale could have heard. as nc nor any other member was barred : am here to represent the interests of tne city. said Mir. Hale, and not those or certain individuals.
 T propose to do what in my iudzment 's right" replied Mir. Lyons,
 councilman Brown said he was opposed 70 government by injunction and offered the following resolution:
 Resolved, By the Mayor and General Council of the city of Mobile, FEst-That the honorable Judges of the Circuit Courts of Mobile County and 9f the United States for the Southern pistrict of Alabama. be and they are hereby respectfully requested to continue all causes now pending in their respective courts in the name of the city of Mobile against sundry parties. for the recovery oI portions of the shores and of the un. oerying soil of the Mobile river, until sucn action and determination of the rights of the parties shall be had in the suit of Gregory l.. Smith and Harry T smith against the city of Mobile ct als now pending in the Chancery Court oi Mobile County, in which suit said city has been en1oined from dismissine such eject. ment suits, as will finally settle all of the rights of the parties in said ejectment | suits. application for the continuance of each a, | said suits shall be presented to the Judge or the court in which the same is pendins by B. B. Boone, the official attorney ol said city, who is hereby authorized tC make all such motions and take all sucf proceedings as may be proper to have | such continuances made"
 The resolution prevailed unanimously.
 Alderman Berney then got the floor ant said he had read the injunction. hut no | the bill. He had investigated the law an, learned that q court could no more en | Join the Council than it could Congress O, the Legislature of Alabama. He though the Council could act in the matter pending without any possible danger However. he offered the following reso lution: AeS'
 Whereas, 1t is the sense of this bod, that all parties in the possession of land: | ~puttAhB Oi tH0 Sn0TeS or Mobile rivel should enjoy the riparian rights of con, structing and using wharves and othe, l structures proper for the promotion anC development of navigation and commerce as mas been the tmmemorial usage in Ala. 1 bama. under such general rules and reeu. lations as have heretofore been or ma> | hereafter be established by lawful author. ity to preserve said river for It's prope, use as a public highway; and whereas certain suits In eJectment have been in. | k,. A1.~ xxs-. cult Court of Mobile County, and in th, l United States Circuit Court for tho Southern District of Alabama, respec lively. in the name of the city of Mobil, | against sundry parties for the recovery of portions of the shores of Mobile riveI and of the soil under said river; now therefore bc 1t,
 Resolved. by the Mayor and Genera council of the city of Mobile that the city of Mobile does hereby grant to the de fendant or defendants in each such sui the right to remain in such possession a. each such defendant now has of the prop ertys sthed5 40ea in such action; provided that the city may at any time, by prope action of its municipal authorities, revok, the right of possession hereby granted | And, provided further, that this grant i: madc subject to the right. If any, O l Gregory l.. Smith and Harry T, smith doing business under the firm name ot | Gregory. L.. and H. T. Smith in sait property under the terms of the contrac sel out Tn the spill of complaint filed b, them against the city and others as de fendants. on the first day of May. 19O3 In the Chancery Court of Mobile County Ala"
 Councilman Lyons seconded the motiol and 1t prevailed 12 to 8, Chairman P, J Lyons and Councilman Hale and Smitl voting nay.
 Alderman Inge then offered on suspen sion of the rules 6 resolution empower ing the Mayor to employ counsel to as sist him in the injunction proceedings same to be ratified by the Council.
 Councilman A. s. Lyons seconded tn motion and said the Injunction was thu most outrageous in history The senio member of the enjoining firm" said MT Lyons, about four years ago, said fl this very Council Chamber that it coul, not be enJoined and that such an iniunc tion was not worth the paper 1t wa written on. At that time the Chairman and other members were interested"
 A MT. .Hale--What was the City Attor ney's opinion then?
 Mir. Lyons-He said it was a good in junction.
 The Inge resolution prevailed 12 to 8 the Chair and Councilmen Hale an, Michael voting nay. The Council thei adjourned.
 New Council of Knights. | Iy