The Birmingham age-herald., 1904-10-15
WORK STOPPED ON
 REALTY BUILDING
Men Arrested for Extending
 Ornament on Sidewalk
INTERESTING TEST CASE
It Is Claimed the Protrusions Are Merely Ornaments and That It Will Ruin Effect to Have
 Them Removed.

J. D. Evans, a contractor, who is erect ing the new office building of the Bir- mingham Realty company on First ave- nue between Twenty-frst and Twenty second streets, and half dozen work men were arrested yesterday by Police Captain Johnston and Pauolmen Hick- man and Byars on charges of obstruct- ing the sidewalk.
 The matter came up before Judge Fea- gin and 1t was agreed that the work on the portion of the building which pro- trudes, and therefore obstructs the pave ment, shall not be continued until City Attorney Smith can be present to conduct the citys case. The work on the re- mainder of the building can be done, only a small portion being left uncompleted.
 The obstruction consists of two orna- ments on either side of the steps lead- ing to the building. the purpose of them being to erect pillars and place electric fixtures with lights on them. It Is merely an ornament, but Contractor Evans claims that 1t will ruin the effect of the building if these are not allowed. The
 
 sidewalk, and it is claimed that it will be very pretty ornament and not really an obstruction, as the pavement is 15 feet wide at that place.
 Complaint Made to Chief.
 Complaint was made to Chief Wier yes terday morning that thls portion of the building protruded beyond the property line and he carried policemen there with him and instructed the workmen and contractor not to do any more work, plac- ing some of them under bond for test case He instructed Captain Johnston to see that the work was not carried on any longer.
 About 4 o'clock Captain Johnston and the two policemen found the workmen at work on the front wall of the building, which is ip1ue the property line. and he arrestedr the entire crowd and walked then to police court, where Judge Fea- gin heard some of the evidence and agreed to continue the case.
 Chief Wier explained the trouble, and stated that he made the arrests on com plaint, but that he wanted the city attor- ney to be present. MT. Evans, the con- tractor, then explained that the pavement was 15 feet wide at that place, that the ornaments would not occupy more than three feet and that if compelled to leave them off 1t would seriously mar the ap- pearance of the building. He agreed not to work any more on the ornaments until after the matter had been decided.
 People Own Sidewalks.
 Judge Feagin explained that the com mon law gave the people possession of the streets and sidewalks, and that no one had the right to obstruct them in any way He said that the supreme court had decided time and again that the streets were the peoples property and that no one person had a right to use them exclusively. He stated that even the city council. in his opinion, did not have the right to allow any one to use the streets.
 MT. Evans raised the point that the building of the Birmingham Trust and Savings company extended out on the pavements, and that the fruit stands also occupied the pavement and that for this reason 1t looked rather hard to ar rest his men for taking the same privi- lege. He claimed that the front steps of the Trust company building extended on the pavement.
 A. L. Fulenwider, president of the real ty company, saw Mayor Drennen relative to the matter, but no official action has been taken by the city. It is probable that the matter will come up through the city council at the next meeting. and that a petition will be made for the company to be allowed to use that much of the