The Montgomery advertiser., 1905-07-06


 same as park. or place of amusement. entered into negotiations with the said Montgomery Amusement Company. complainant, as aforesaid. for a right of-way over and across the said lands 80 occupied by them, and the said Montgomery Amusement Company. plaintiff, as aforesaid. informed this defendant at the said time. and at va rious times during the months of April and May, that 1t was in the absolute ownership. possession and control of tho alleged park. known as Electric Park, and exhibited and showed to the officers and agents of this defendant contract between it and the MontRom. cry Street Railway Company. executed on the 11th day of May. 1904. and rep resented and stated to this defendant that the said contract was the only contract 1t and the said Montgomery Street. Railway had entered into in ref erence to the said park.
 Amusement Company "DeiiEhted."
 "The Montgomery Amusement Com
 pany through its officers. the answer continues, represented to and stated
 to this defendant that they would be delighted to have this defendant con- struct & line of street railway into It's said park, and also stated at the tune
 that the said Electric Park Tad great
 ly suffered and was at that time great | street railway facilities from the city of Montgomery into the said park; that the Montgomery Amusement Company, complainant as aforesaid, further rep
 resented to this defendant and exhtb-
 ited its contract with the Montgomery Street Railway in support thereof that
 it was under no obligations whatever. legal or otherwise, to throw any ob- stacle in the way of this defendant in
 obtaining a right-of-way into the said park. and furthermore. the said Amuse- ment Company did agree with this de- fendant that if it would construct line of street railway from the city Of
 Montgomery to and into the said park, that it would not only not object to US entering the said park. but that 1t would welcome the construction of the said line into the said park as being of great advantage to it and Its busl- ness, and the said Montgomery Amuse- ment Company. although 1t claimed It had no right, or legal authority to grant by deed or lease right-of-way over the said lands, acknowledged to this defendant that if it could procure by condemnation or otherwise, a right of-way over the said lands. and If 1t should become pecessary that the sald defendant should condemn a right-of- way over said lands that the damage or compensation to 1t would be merely nominal and would not be claimed by 1t.
 MT. Griel Was Glad.
 That, as a final continuation of said negotiations, at formal meeting be- tween the officers and directors of the Montgomery Amusement Company and the officers and directors of the Mont- somcry Traction Company. which said meeting was by invitation of the off- cers and directors of the Montgomery Amusement Company, held at place selected by them, to wit. the Standard Club, d social club in the city and | county of Montgomery, State of Ala | bama, N. J. Griel. who was put for | ward as the spokesman of the officers | and directors of the Montgomery Amusement Company, stated to R. D. | Apperson, President of this defendant | company, that Is was unnecessary to | have any formal agreement, and he l said, You go ahead and build your line | into the park; we will be glad to have
 you come in the park, and will not do | anything to prevent your coming | Whereupon. the officers and directors | of the defendant company accepted said proposition and told the officers of the | Montgomery Amusement Company that
 said park from the other parties inter-
 ested in the lands that they would
 build a line into said park.
 Purchased Right of Way.
 | That thereafter and immediately | upon said conversation with said ofi-
 cers of the Montgomery Amusement Company. this defendant accepted from
 said Massey Wilson and his associates the transfer of the franchises belong
 ing to them, and of the rights of-way | obtained by them. and agreed with the | said Massey Wilson and associates to | immediately begin the construction or
 said line of street railway. and after | wards on, to wit the Sth day of May. | 1905, this defendant purchased from Bessie w. Walker, the owner of said lands, who was joined in said convey | ance by her husband, Hal T. Walker, for purpose of making said conveyance legal and operative, a right of-way over
 and across the lands owned by the said Bessie w. Walker, from a point on her l said lands just north of the Mount
 Megs or Line Creek road, and through
 said lands to the west line thereof at a point within the park of complainant: that the defendant through It's officers land agents notified the representative of the Montgomery Amusement Company
 of the requirement of the said right of-way from Mrs. Walker, and also in =
 formed it at said time that 1t did not
 expect to use said right -of-wiV in any way or in any manner that would inter
 fere with any of its property or to the destruction thereof and that 1t would willingly agree upon any reasonable point within said park at which said line should stop, and further Informed said Montgomery Amustment Company
 that it would not run any further into I the midst of its buildings with its line
 of railway or into its enclosure than was absolutely necessary in order to land passengers within said park, and
 the officers of the Montgomery Amuse-
 ment Company and its representative l Informed the defendant again that if l would be glad to have them come into