The Birmingham age-herald., 1904-02-28
JUDGE FERGUSON
 BUSINESSES CASE Rules Out Quo Warranto Pro- ceedings Against EnSIey THERE MAY BE AN APPEAL Reported That Citizens of West EnsIey Will Carry Their Case Against
 the Steel City to the
 Supreme court.
THERE MAY BE AN APP EAL

Ensley. February 27--(Speciai)- )-Judge Ferguson of the Birmingham city court dismissed today the quo warranto pro- ceedings brought by residents of West Ensley against the city of Ensley on mo- ton of Romaine Boyd, city attorney of Ensley, who held that the consututional- ity of the act by which West Ensley was incorporated by the Steel City could not be tested by such proceedings. The judge ruled in accordance with MT. Boyds mo- ton, and the case has now been thrown out of the courts, unless the people of West Ensley decide to carry the case to the Alabama supreme court through their attorney, ". J. Martin. It is reported that this action will be taken and that the case will be given preferred hear ing next Thursday. The defendants claim that an appeal to the supreme court would defeat the purpose. of the com plainants from the fact that while the suit was being heard by the supreme court Ensley would continue to assess taxes on West Ensley.
 The quo warranto proceedings grew out of the fight that citizens of West Ems ley are making agaihst being incorpo- rated by Ensley. They claim that the act recently passed by the state legisla- ture is not constitutional. and carried their case to the Birmingham city court, where the quo warranto proceedings were instituted. The ruling of Judge Fergu- son makes a decided change in the situ- ation of affairs, so that the compliments will have to make another start In case the ruling of Judge Ferguson is sustained by the Alabama supreme court. It will then be necessary to get out an injunction against Ensley to prevent the city from collecting taxes in West Ensley. 1t is stated that this will be done if the quo warranto proceedings fail entirely, since 1t is held by Judge Ferguson that injunc- tion and not quo warranto should have been employed to test the act
 Politics Becoming Warm.
 Much interest centers In the race for judge of the inferior court of Ensey. Judge c. H. Mandy the encumbent, is a candidate to succeed himself and he IS opposed by J. r. Appling. The race prom ises to be decidedly warm, as friends of both candidates are working hard.
 The race for constable of Beat 45 is also attracting attention. The candidates are Lee White. the encumbent; Will Pat tie, at present on the police force, and G. p. Eubanl1 of Wylam, who is a deputy IT. interesting and promises 10 be much warmer before a new constable is chosen.
 Ensley people are also taking lively interest in the race for probate judge CT Jefferson county. Both Judge Green and Judge Stiles, who are the candidates. have strong supporters in the Steel City, and canvassers are working the district.
 Real Estate Booming.
 Real estate men report that a decided improvement is being noted in the de- mand for Ensley property and while It could hardly be styled boom, calls Tor houses and lots are coming in every day with satisfactory regularity. number or houses, principally for residence purposes are being erected in various parts of town and the people of EnsIey are confident that conditions will continue to improve All that is now necessary is for the rod mill to resume operations. When this large plant is in full operation the Steel City will be on the highway to prosper ity.
 It is noticed that new families are com ing in now and many of the workmen thrown out of employment by the clos ing down of the rod mill have secured work at the steel plant.
 New Church Completed.
 The new First Presbyterian church on Avenue E and Nineteenth street has been completed and is one of the handsomest structures in the Steel City The church has been in course of erection for some time. It is built of stone and is credit to Ensley. The Rev. J. w. Orr is pas tor.
 Payday for the Miners.
 Today was general payday for all the Tennessee mines and the streets of Ems ley presented a busy appearance. Mer- chants report a brisk business during the afternoon and the Steel City seemed more lively, today than for some time past.
 Police Court Quiet.
 Today was rather quiet in police cir cles Several minor cases were heard by his honor Mayor Scott but the popula- ton was very orderly and the police were accordingly taking things easy.