The Birmingham age-herald., 1904-03-06
JUDGE GRANTS
 THE INJUNCTION EnsIey Officials Restrained from Taxing West Ensley BUSINESS MEN ARE FINED Assessed $5 Each By Mayor Scott for Failure to Pay Licenses, and
 Appeals Are Taken.
 Other News.

Ensley. March 5.-(Specal )-An injunc- ton was served upon the city officials to- day, restraining them from taking further action towards collecting licenses from the citizens doing business in West Ensley.
 At the last session of the legislature bill was passed, annexing certain ter ritory west of the steel plant, known as Nolen's quarters. A number of citizens through their attorney, w. J. Martin. have fought the act stubbornly. The case contesting the consttutionality of the act came before Judge Ferguson of the Bir- mingham city court several days ago, and was thrown out of court.
 A few days afterwards a number of merchants in West Ensley were arrested for doing business without license. Six of them were arraigned before Mayor Scott In the police court yesterday, and fined s5 each. A notice Of appeal was given and the cases will come up in the Brming- 2 ham city court in few days. Following this action Judge Charles A. Senn, of the Birmingham city court, rendered a decision this morning granting temporary writ of in-
 
 nls. vs. the mayor and city council of Ensley, restraining the municipal authori- ties from collecting license and from en- forcing the pound laws of Ensley at West Ensley.
 Remains Carried to Former Home. The remains of Alderman D. Hardy White, who died last night from the affects of a wound inflicted by a revolver In the hands of Glenn Tetherow. were carried tonight to his former home at Clinton, Miss, where the interment will take place Monday. The body was ac- companied to Birmingham last night by the mayor and aldermen and large con course of Ensley citizens
 The cause of the shooting is not exact ly known, but Is believed to have been due to i'll feeling engendered between the two men by changes in the police force So far as known there were no eye-wit- nesses. The tragedy occurred in front of Whites saloon yesterday morning at r. 80 o'clock. The wounded man remained con scious up until a short time before his death. lingering for eleven and a half hours. The remains were accompanied to Clinton by a brother of The dead man. Saunders White, and J. N. Sly.
 Tetherow Is confined in the county Iail and refuses to make any statement what ever.
 Sewerage Work Progressing.
 Work Is progressing rapidly on the storm sewerage system that Is being built by Zuber & Co.,, contractors of this elty The work of digging the ditch has been completed on Seventeenth street and Is being pushed now on Avenue F. Next week the work will be commenced on the sanitary sewers. J. F. Hollingsworth has the contract. Material is being shipped in and everything is being gotten In readi- ness for work to begin
 Steel Plant Busy.
 The steel plant has been running on full time since the resumption a few weeks ago. The rail mill is turning out large orders of rails for several large rail- road companies.
 The new mixing machine recently in- stalled is proving to be great success in the manufacture of steel. The new gas producers, however, that were installed during the suspension. are not operating satisfactorily.
 At the Churches.
 At the First Methodist church tomorrow morning the Rev. Dr. George w. Read