The Montgomery advertiser., 1905-07-13
OPINION OF JUDGE JONES
Resort Not Exclusive, But Location Of Tracks
 Was Wrong.
Both Parties to Litigation Had Rights in the Prenises-YellOW Cars
 Win Continue to Oper- 4.
 ate to the Place. fs

The Montgomery Traction Company must remove its tracks from the strip of ground on the lake front at Elec- tric Park and indemnify the Mont gomery Amusement Company, opera tors of the park. for any damages in- cured by building tracks on the lake front, although the Traction Company may build tracks and operate cars up to within fifty feet of the wire fence enclosing the park and may ultimately build tracks into the park if by so do- ing it does not damage the property of the Amusement Company.
 The foregoing was the substance Of a lengthy decision of Judge Thomas G. Jones of the United States Court read from the bench at IF o'clock yesterday in the case of the Montgomery Amuse- ment Company against the Montsom- cry Traction Company in which the Amusement Company sought to Keep the Traction Company from reaching the park at all with its cars.
 The several lawyers interested in the case who devoted two or three days to arguing the law and the facts were in court when Judge Jones read his opinion. In addition to the law yers a number of spectators were present and drank in every word of the lengthy document which was to decide whether the yellow car line could continue to operate cars through
 ShA ar
 A preliminary injunction was ordered restraining the Traction Company from building into the park at the point selected, Judge Jones holding that car tracks at this particular point were damaging to the interests of the Amusement Company.
 Both Parties Had Rights.
 Judge Jones did not go into the rights of the Traction Company to de- liver passengers into Electric Park. but held that both parties to the suit had rights in the premises. He simply held that the Traction Company could build to within fifty feet of the fence inclos- ing the park, but must allow room at that point for ingress and egress.
 Incidentally Judge Jones referred to the fact that the Montgomery Street Railway. which is allied with the Amusement Company, in its complaint. was the first electric street railway in the United States or in the world. He is positive of this statement as he was a stockholder in the company at the time 1t began experimenting with elec- tricity as & motive power for cars
 The Traction Company may appeal to the Circuit Court of Appeals from the decision of Judge Jones. It is under stood that neither of the parties to the controversy are satisfied with the end ing of the litigation, but no appeal is available to the Amusement Company since it was not refused an injunction. Under the law. the Traction Company has ten days in which to file its appeal
 The complete decision of Judge Jones Is as follows:
 In the Circuit Court of the United
 States. for the Middle District of Montgomery Amusement Company vs
 Montgomery Traction Company. in
 Statement of Facts.
 This is a bill filed by the Montgom. Georgia. against. the Montgomery Traction Company, citizen of Ala bama, praying an injunction against the latter. to prevent its constructing ons lands described. which the complainant uses as private park and place of amusement for white persons only. It is alleged that the Traction Company. disregarding the protest of the com plainant, entered upon the lands by force. claiming the right to do so un- der a grant of a right Of-way from Walker and wife.
 On the 10th of June. 1902. Bessie w. Walker and Hal T. Walker, her hus- band. and Francis E. Ayers, entered into an indenture of lease by which the former leased the premises in dis