The Montgomery advertiser., 1903-04-30
THE FIGHT FOR THE .e
 MOBILE WATER FRONT

no more vote for this petition than to vote to every citizen $500 out of the treas ury.
 MT. Smith, continuing said this prop erty is estimated to be worth more than q, ,0Oo,0Oo There are some of the lands not improved and which, it appears, will not be. Who. he asked, would put capi- tai into investment with decisions of the State and United States Supreme Courts against them, staring them in the facef In answer to question he said the prop erty in litigation includes, on the west side, all property between One and Three Mile Creeks, except l.. and N. property. and between Elmira Street and Choctaw Point, on the east side both islands up to a point opposite Three-Mile Creek. He said no suit was brought against the L. and N., but his partner stated such would be done though the company was preparing to offer the city SIP per foot He said the contract between him and the city was for one-fourth of what he recovered On motion of Alderman Ber- ney, the tri-partite contract between the city, Mrs, E. s. Barnes and Gregory l.. and H. T. Smith was read by Clerk
 Gregory L. Smith followed. for a half hour. He referred to how the contract with the city was orawn up before ne lord B. Clarke left of. He said the law in the case has been fully settled. The proposition stands thus. 'The city owns the property. has a right to improve or turn 1t into money"
 "The petitioners come to you," he said to the Council, ''and ask you to give them more tran a half million dollars of prop erty. Not one of you gentlemen. as rep resentatives of the city. would do this. There have been improvements, but only where the Spanish grant gave the tltie. The city wants its share of the, coming prosperity, but if the petitioners secure what they are asking they VIII tnrottie A. .&ra| fn
 Mr. Clarke closed, alluding to legal rulings in the cases at issue. He reitera- ted what he said in the introductory that when the contract was drawn up ana entered into with Barnes the ianas 10 pc ltigated were kept secret (this was Tn answer to a charge of Gregory l.. smith that he had spoken harshly of the dead. ) MT. Clarke and Messrs Smith had quite heated controversy as to legal rulings | in certain cases. He urged petitioners wished power to improve riparian rights of the city 80 as to benefit their property. He argued that according to the construc- tion of the contract by the Messrs Smith, they can sue such property owners as they see fit Alderman Berney: "we have here the city's attorney. Both sides have been heard, and would like to hear the city side as to the power of dismissing the suits.'
 City Attorney Boone said the city as complainant had the right to dismiss. As to damages which might accrue. the petitioners propose to relieve the city: | He gave a history of the Middleton and | Leftwich cases. As to damages the city, | should be careful to see that good ponos | be given in indemnity.
 Alderman Delchamps offered resolu- ton authorizing withdrawal or the suits now pending. providing the defen- dants pay all costs and give surety bonds l for ali damages which might accrue in | the withdrawal. This was seconded by l Councilman Lyons.
 | Alderman Berney said his sympathy
 was with the petitioners, as to deprive | them now would be a great hardship. The
 matter, he said. Is weighty one and
 should be fully considered. He Is not In | terested for the Mobile and Ohio in the | suit, as Colonel E. L. Russell Is the at
 torney. He is a represeptative s.ti,.,n or ,nf nt
 Nashville is willing to pay $40.0Oo, the city
 might take it, and in so doing, should
 give the others an opportunity to dt likewise as far as the property Is con
 cerned.. He moved to postpone aetior a or to Friday night. This was seconded by
 MT. Michael.
 Council Lyons said the matter had beer
 in hand long enough and felt actiol | should not be longer deferred. MT | Marshall had telegraphed to Agent Bar
 clay to see certain councilmen to vote t'
 withdraw the suits. He knew when tn
 original resolution was adopted 1t wa
 understood to be to recover Pinto lslan'
 and there was not breath that tn
 petitioners would be molested. It Is al
 injustice, he said, and should be dispose'
 of at once.
 Councilman Michael said he desired t.
 vote intelligently on the matter an'
 resolution.
 Councilman Lyons moved to table tn
 Berney motion and this was lost. to
 The Berney motion prevailed, to 6 an
 the Council adjourned.