The Montgomery advertiser., 1905-07-06
Encouraged to Build.

the park, and that there would De no
 trouble in agreeing upon point beyond
 which cars should not be operated.
 Encouraged to Build.
 "rbat immediately after obtaining
 the right -of-way from the said MIS-
 Bessie W. Walker, this defendant began
 tha construction of its line into said
 mark. whereupon the Montgomery
 Street Railway, in its own name. nled a
 bill in the Chancery Court of Montgom-
 cry County and obtained an injunction'
 restraininr this defendant from con
 structing or operating its line into said
 park. which said injunction was on' TO-
 wit. the 3Oth day of June 1905. dissoiv-
 ed by the honorable the Supreme Court of Alabama. and that all along from
 the sth day of May, 1905. to the day that the Supreme Court decided saio cause. to- wit, the 30th day Of June. lsob, tbe Montgomery Amusement Company, it's officers and agents. encouraged thts defendant to build It's said line into saio park, and, while on one occasion, In the second week in May. 1t presented 70 thls defendant a formal notice protesting against the building of said line 10 said park, the officers of said company explained to this defendant that 1t was done SO at the request of the Mont gomery Street Railway and not to pay any attention thereto; that so far as the Montgomery Amusement Company was concerned that they would be delighted to have this defendant construct its line | into said park. ".-@ .: Acting us n "Dummy." .tThat the first intimation that this defendant had that the Montgomery Amusement Company would interpose any objection to this defendant building | it's line into said park was when 1t re- | this honorable court | that the bill had been filed in this l cause. That after this bill was filed | the officers of this defendant sought some explanation from the complainant Amusement Company as to why tnls 1 bill should have been filed, and atter the complainant and its officers had given many excuses and futile explanations of | its conduct, finally admitted that the only connection 1t had with the filing of said bill was that after this defendant | had begun the construction or It's inc | fl had entered into a contract with the Montgomery Street Railway authorizing g said Montgomery Street Railway to nle | suits in its name to prevent in any way | it could the entry into said park by this defendant. and this defendant upon | information so furnished to 1t by the officers and agents of said Montgomery Amusement Company, charges that thls hill was not filed In good faith by the Montgomery Amusement Company TOT | it's own benefit and that the only con- nection 1t has with this suit Is to act as A mere dummy for the Montgomery Street Railway and allow the Mont | Romery Street Railway to use Its name | for the purpose of this litigation.
 And from information so furnished | to 1t by officers and agents of the com plainant this defendant charges and showeth to the court that this bill and this litigation Is under the control and management of the Montgomery Street Railway and Is being prosecuted by 1t with the sole end In view of prevent ing its rival from competing with 1t in the transportation of passengers from the city of Montgomery to and from | the said Bloemfontains Park.
 When the bill of complaint was filed Saturday with Judge Jones he made an order temporarily restraining the Traction Company from building Into | Electric Park and set the hearing of argument for yesterday morning at 10 | o'clock
 number of lawyers appeared in court yesterday morning representing l the contestants.
 | During the progress of the argument fudge Jones announced that he was indisnosed and would take a recess un- iii this morning when the argument will be continued. =. -.@ =