The Birmingham age-herald., 1903-09-06
CITY WINS OUT IN POOL SELLING CASE Chancellor Carmichael Hands
 Down His Decree OISSOLVES THE INJUNCTION  E. F. Brown Makes Necessary Bond to Reihstate the Case and Matter
 Will Go Up to the su.
 preme Court.
THE INJUNCTION

Chancellor John c. Carmichael handed down his decision yesterday in the mat ter of D. F. Brown against the mayor and aldermen of Birmingham, the motion to dissolve the injunction restraining the aldermen or their agents from enforcing the new anti-pool selling ordinance being sustained.
 Mr. Brown made the necessary bond and the matter will be reinstated await. ing the action of the Supreme court. Although the decree yesterday was a victory for the city, the matter is prac tically where it was before the decree was rendered, because Chief of Police Wier cannot enforce the ordinance until the Supreme court has passed on the case In the meantime MT. Browns bil- Hard room in the Morris hotel building where the results and progress of races are posted can be conducted as in the past.
 The matter has attracted great eeal of attention during the past few weeks. The city is represented in the case by City Attorney E. D. Smith, John c. Forney and w. E. Fort, and MT. Brown Is represented by Powell x Blackburn.
 The decree handed down by Chancellor Carmichael says in part:
 The Decree.
 "The bill of complaint in this cause is filed to restrain the city of Birmingham from enforcing an ordinance entitled, An ordinance to prohibit gambling and pool selling in the city of Birmingham. Alabama, on horse races, or what pur- ports to be horse races, either within or without the state.
 Tn view of the conclusion at which I have arrived that the bill of complaint does not make out case for the inter- ference of court of equity, it is unnec- essary to discuss the question of the validity invalidity of the ordinance which Is attached to the bill. The bill seeks merely to enjoin the enforcement of a penal ordinance; and if it be con ceded that the ordinance is void, yet complainant has a complete and adequate remedy at law; he can show that the or dinance is void in defense of any prose- cution brought to enforce it against him self or his employees.
 This court being without jurisdiction of the case made by the bill, 1t follows that the bill is wanting in equity, and that for such reason the injunction should be dissolved.
 
 This cause coming on to be heard was submitted upon motion to dissolve the in- junction heretofore granted in the cause, and the same having been duly consid- cred and understood by the court, the court is of the opinion that said motion is well taken. It is therefore ordered, ad- judged and decreed that said motion to dissolve the injunction be and the same is hereby dissolved.
 The Bond.
 Should the complainant desire to appeal from this decree. and to supercede the same, and to reinstate the injunction, it is further ordered and decreed that he shall execute bond, with sufficient surety to be approved by the register of this court, in the penal sum of $1000 and the condition of such bond shall be to prose- cute the appeal to effect, and to pay the respondent all such costs and damages as it may sustain if the Supreme court shall decide adversely to complainant on such appeal It is further ordered and decreed | that upon the execution of such bond the | injunction will thereupon be reinstated to await the decision of the supreme court