The Montgomery advertiser., 1905-07-02

| The bill relates in detail the nm l provements made by the Amusement l Company m the grounds It is shown that an agreement was catered into l the Street Railway whereby q line. CT | lines. of electric street railway were to be built and operated between the city and the park and that, at great railway facilities were built by the orator in the park enclosure. All of these improvements, 1t is shown, were rnade by the Anus amcnt Company at an expenditure of over $50.000 with the full knowledge and consent of MT. and Mrs. Walker, who leased the property in the first instance.
 Enter Traction OCmpany. .~
 The complaint then shows that on May B. 1905. the Montg omery Traction Company. procured "or claims to have instrument in writing purporting to grant or lease to 1t a certain strip of land for the purpose of right of way. This strip of land Is on the lake front erry-go-round. It is inside the park enclosure which the Amusement Com pany claims to control.
 It Is shr wn that the Traction Com pany upcn securing this alleged lease from Mrs. Walker entered IT endeav- ored te enter, upon the said strip of land claimed to have been leased or acquired by 1t" without having estab- lished at law, or in equity, its right to do So and against the protest and warn ing of the Amusement Company;
 The Traction Company, 1t is shown, has hauled and deposited on this strip of land large numbers of crossties and iron, or steel rails, and, in great haste, has laid crudely constructed track wholly unfit for use; that 1t tore down the fence and enclosure and is pro ceeding to. and will, unless restrained by the court, by force and violence and without legal right or authority to do > down and destroy and large trees upon and along the said strit' of land. which serve to shade and heautfy and to make attractive the said park and t. cut down or dig up many electric light poles which were constructed by your orator, or for 1t. in connection with and for the purpose of lighting said park and will dig up. displace CT remove some of the pipes used in connection with the water works system; and to drive heavily loaded wagons over and upon and to within and without the said park and to tear down, remove or destroy mum hers of the buildings erected as afore- said within the said enclosure and up init many other and similar trespasses and wrongs against the rights and property of your orator. ~ Land on Lake Front, The strip of land in dispute @s de- scribed as extending 900 feet afpng the lake front and within twenty feet of the waters edge and 1t is shown that a linc of railroad at this point would materilly mar the beauty of the park and lessen the value of the Amuse ment Company's lease.
 of the line to Electric Park by the Traction Company is for the purpose of "reaping the fruits or benefits of the. vast expenditures already made and hereafter to be made by your ora | tor without contributing thereto" and | that the Traction Company does not propose nor does 1t intend to condemn the right of way for its railroad nor has it offered to make any remunera- tion therefor or for the damage which 1t threatens to do and that such dam age will be irreparable to the Ainuse-
 It Is averred that the lease by MT. and Mrs. Walker to the Traction Com pany is Illegal.
 the Traction Company. under its char ter. Is not authorized to build or op- crate car lines to Electric Park.
 Again, the bill of complaint aliuding aggregating s2.0oO.00O filed several months age by the Traction Company, says that the property of that com pany is not fairly and reasonably informed. which Information 1t be- of $3O0.O0O" Smnd
 Prayer of the Orator.
 The prayer of the orat1r-the Mont gomerY Amusement ComPany-shorn of its legal phraseology. is as follows;
 In consideration whereof, and for as Ayuch as your orator Is remedy less in the premises at and by the strict rule of the common law, and is only relevable in a court of equity, erly cognizable and reviewable, and to the end therefore that your orator may have that relief which it can obtain only in a court of equity. and to which it is entitled. and that the defendant may answer the premises, but not hpon oath or affirmation 1t now