The Montgomery advertiser., 1905-07-06
TRACTION COMPANY AYERS
 PARK COMP PANY IS A DUMMY"

Traction Company has paid to MT. and Mrs. Walker $1,000.
 No Violence Was Used.
 It is denied that any violence was used at the park by the defendant com pany in building its tracks and 1t also denies that any complaint was made against the building of such tracks: It is also denied that the building % or its tracks will mar the beauty of the park, but that 1t will improve its value as a public resort
 The answer denies the statement of the bill of complaint that 1t has no authority in its charter for building and operating a car line to Electric Park and shows that its charter ex- pressly authorizes 1t to build a line having a terminal in Bloemfontaine or under this charter it had a perfect right to acquire by gift, condemna- tfon or purchase a right of way across the lands fin question.
 In reference to the criticism in the bill of complaint of the bond issue of the Traction Company the answer ad- mits that deed of trust was executed the amount of $2,000,000. but says that only small portion of the bonds lave been issued N345.000) and that the re- mainder of tho bonds will not be issued until the lines of the company are cx- tended and improved and other prop erty acquired by 1t.
 Property Valued at ss7o,OOo.
 owned by tho Traction Company in Montgomery is reasonably worth s610,00o and that the company now has 500 000 in its treasury for the pur- pose of building and improving its lines in Montgomery and that 1t Is abundantly able to meet any and all liabilities that may be incurred by 1t.
 The answer denies that the amount in controversy exceeds s2.000 and de- clares that the only possible damage that could occur to the complainant by the construction of the new lines into Electric Park Is the loss of a few pine trees of the value of 50 cents each. It further ayers that the value of the strip Of land in dispute, even If taken away from the Amusement Company, would not be over $500.
 The answer of the Traction Company then goes into the history of the move- ment by which it's line to Electric Park was built and shows that the Mont gomery Amusement Company through N. J. Greil invited the new line.
 History of New Line.
 And now having fully answered the said bill of complaint" says the docu- ment. this defendant says. by way If showing to the court that the injunc- tion should not be issued restraining 1t from the completion and operation of its line of street Hallway, hereto fore, to wit, on the 10th day of March, 1905, Massey Wilson and his associates obtained from the City Council of Montgomery a franchise to construct and operate a line of electric railway | over a certain street in the city of Montgomery, called Madison Avenue, l from a point in the city of Montgom- cry where the said Madison Avenue intersects Union Street, thence to the city limits, in the direction of Bloem- fontaine, and did also obtain from the Board of Revenue of Montgomery County. a consent in writing tu con- struct and operate a line of electric | street railway over the said Madison Avenue eastwart from the city limits to what Is known as the Line Creek or Mount Meigs road, with the right and privilege to cross the said Line Creek or Mt Meigs road, at such point as might be desirable, and that the said Massey Wilson and his associates had also secured rights of way over the lands of individuals for the construc- ton of an electric street railway east ward from the city of Montgomery tc the town of Bloemfontaine; that the said Massey Wilson and his associates l own a large tract of land on the ex- tension of Madison Avenue, and for the purpose of developing its said lands were very anxious to have this de fendant, the Montgomery Traction Company. build and construct line of | electric street railway along Madison lAvenue and the extension thereof, from a point connecting with it's present line on Union Street in the City of Montgomery" #-.~. #..= | Transfer of Franchise.
 Continuing. the answer says that the lands and property owned by the said Massey Wilson and his associates along the extension of Madison Ave nue were at that time vacant and un- | occupied. and that the line of street railway to the said property was need | ed in order to enhance the value there of for building purposes, and other | wise develop the same; that this de- | fendant was at the time considering q proposition from the said Massey VII. | son and associates to take a transfer of the franchises of tho said Massey Wilson and his associates and build a line of street railway along the said | Madison Avenue and the extension
 thereof, and eastward to the town oi Bloemfontaine; that this defendant. af- ter investigation, learned that to con- struct a line of street railway along the said Madison Avenue and the ex- tension thereof alone. would he un. profitable, and after learning that the Montgomery Amusement Company. the lcomplainant. was in possession. under a lease, of practically all of the lands comprising the municipal corporation