The Montgomery advertiser., 1905-07-16
CONTROVERSY AT PARK
TRACTION COMPANY WILL FILE
 ANOTHER BILL.
Amusement Company Win Begin Charging Admission Fees To- day-Judke Jones Files .
 Decree With Cerk.

Judge Jones of the United States Court yesterday made an order allow ing the Montgomery Traction Company to amend it's answer to the bill of com plaint of the Montgomery Amusement Company and to file cross Dill. =
 This means that the Traction Com many will seek to enjoin the Amuse- ment Company from discriminating be- tween the street railways in the sale of tickets of admission to Electric Park.
 No papers in the case were filed yes- terday with the clerk of the court. IL is expected that the amended answer and cross bill of the Traction Com pany will be filed tomorrow.
 Judge Jones yesterday filed the iol- lowing decree with the clerk:
 "In the Circuit Court for the Middle District of Alabama. in equity:
 "Montgomery Amusement Company vs. Montgomery Traction Company.
 This cause coming on to be heard upon the motion for preliminary in junction restraining and enjoining de- fendants, it's agents, servants, em- pIoyes, etc, from constructing and op- erating a street railway upon the property leased by complainant through one Ayers from Bessie w. Walker and husband; come the par ties, and said cause, having been ar gued, and considered by the court, the court Is of opinion that a preliminary injunction should issue to the extent herewith ordered:
 Tt is therefore ordered, adJudged and decreed by the court that upon complainant entering into bond in the sum of $2,500, payable to the defendant with surety to be approved by the clerk of this court, and conditioned as required by law, to pay all damages and costs, which any person may sus- tain by the suing out of the said in junction, if the same is finally dis solved, that the defendant, the Mont gomery Traction Company, its officers, agents, servants and employees and all persons acting for and in its behalf be and they are hereby enjoined, until the further order of this court from constructing, operating or maintaining street railway upon and from the use of that certain strip or right-of- way alleged to have been acquired by the defendant from Bessie W. Walker and husband within the enclosure as shown and set forth in and by the map made an exhibit to the amended bill in this cause, and within fifty feet of the point where the defendants track. which was in course of construction at the time of the filing of the bill in said cause. entered complainants fence.
 Tt Is further ordered, adjudged and decreed by the court that the defend ant be and is hereby allowed. if 1t desires to do so within a reasonable time, to remove the iron or steel rails, ties and structures placed by it within the said park enclosure and within fifty feet of the entrance thereof. but in doing so shall put the premises in the same condition after such removal as they were before the said track. ties and structures were placed there- on. This July Is. 1905.
 Thomas G. Jones.
 United States Judge"
 Lawyers representing the parties to the controversy held an informal con- ference with Judge Jones yesterday y morning at which the legal phases of the controversy were discussed at length.
 The Amusement Company will begin charging an admission fee to Electric Park today. An officer of the company said last night that gate and a gate keeper would be provided near the terminal of the Traction Company.