The Birmingham age-herald., 1904-04-01
WILL MAKE MOTION
 ID DISMISS CASES New Developments in Proceed
 ings Against Steel City WEST ENSLEY YET FIGHTING City Attorney Romaine Boyd of Ensley Will Make Motion Tomorrow to Dis miss Quo Warranto and InIunc-
 ton Proceedings.
WEST ENSLEY YET FIGHTING

Ensley, March 31 31-(Special.)-A motion to dismiss the injunction brought against the city of Ensley by the residents or West Ensley will be made Saturday morn ing by City Attorney Romaine Boyd in the city court of Birmingham, Judge Senn presiding. Captain Boyd will also make a motion to dismiss the quo warranto proceedings against Ensley which were ruled out by Judge Ferguson of the city court of Birmingham and were appealed to the Alabama supreme court, where the case is now pending
 The quo warranto and injunction pro- ceedings were brought against the city of Ensley by prominent business men and others residing in West Ensley through their attorney W. J. Martin, as test of the act passed by the legislature al it's last session which empowered Ems ley to incorporate the suburb and assess taxes on the people residing there. The citizens of West Ensley have been fight ing the act stubbornly in the courts with varying fortunes. The quo warranto pro- ceedings were first brought in the Bir- mingham city court, but were thrown out by Judge Ferguson on the ground that the constitutionality of the incorporation act could not thus be tested The people of West Ensley took an appeal to the supreme court and an injunction was asked to prevent Ensley from exercis- ing corporate rights until the case was decided
 Tn the meantime quite a number of de- tlnue suits were filed by West Ensley people against the city poundkeeper for impounding their hogs without authority. These suits were lost and a number of arrested for falling to pay their taxes to the city of Ensley. The men were tried in police court and fined but the in- junction against the city had already been issued and the fines were not paid.
 It is not known what steps the West Ensley people will take Saturday morn ing when a motion to dismiss their ap- peal to the supreme court and the in- junction is made. The case is attracting much attention among Steel City people, while the outcome is anxiously awaited by the residents of West Ensley
 Business Men Meet Again.
 A small number of representative busl- ness men of the Steel City met in the city hall again this morning to take some steps to end the strike among the open hearth furnace workers of the Tennessee company. Only a few were present and no definite action was taken. The busi- ness men held a meeting yesterday morn ing, at which a committee was appoint n.rttoe Ixx4a fo1 but nothing has yet been accomplished. There is much feeling expressed here in regard to the strike but everyone is anx- ious for the entire steel plant to resume operations.
 At present there are about 300 men idle. A very small percentage of these are the open hearth furnace workers, the others having struck in sympathy Four fur naces are now in blast, however, and new men are coming in every day to take the places of the strikers. These men come from the Birmingham district. and few of them are experienced workers. About half the steel plant is now in oper- alton and the Steel City is anxious for the remainder to be put in operation.
 The open-hearth furnace men struck for a raise of $150 in pay. They were getting 8 a day and asked for A.50. The demand was refused by the company and the strike resulted Complete order pre- vails. however, and while both sides ap- pear determined not to yield, there is no violence reported.
 Police Court Items.
 In police court this morning Nettie streeter, a negro woman, was fined $250 for contempt of court. Fanny Gum was assessed s5 for allowing a vicious hog to run at large. Ed Gallagher. white man, was tried on charge of disorderly conduct and fined S7.50. A M. Singleton.