The Montgomery advertiser., 1906-11-24
JUDGE SAYRE ENJOINSQ CITY Company Secures a Tem-
 porarY Writ. FILES LENGTHY PETITION Court Not to Interfere With
 Prosecution. cor"oration Sets Out That It Hss Not suascient Rolling stock
 to Comply with New. \
 orafaaace,

N--e--
 Beyond the tlrne required for tn, reading of the bill in equity that wal filed by the attorneys for the Mont.
 Somery Traction Company, but little time was taken by Judge A. D. Sayra of the City Court, before he issued the desired injunction restraining the city of M0ntgomary and its officials from seeking to enforce the separate cal ordinance. It is . temporary injunc. Ftion, enective until the further ordel of this court"
 Attorneys for the Traction Company after seeing the completeness with which the action of the police, under the instructions and supervision oi eration of the street cars, went at once before Judge Sayre with petition for a restraining order. After some consideration. the Cour. issued an order, directing the Register of the Coutf to issue an injunction against the city. and its representa- stves, officers, agents and employees, res stratning them from the further en- HorcemeDt or tic ordinance in contro- versy. The bill in complaint, with ths order of the judge attached was there- upon filed ins the office of RegisteI iarksi Ron at i1;oS 3eloek yesterday d morn made, and the writs of injunction were placed at once in the hands of Deputy Sheriff George Wilson for service.
 Petition for Injunction.
 The bill of the Traction Company. asking for the injunction, Is a some what lengthy docpment. 1t embraces twelve pages of fAtypewritten manu- |aforesaids. The bill has attached to fl copies of the old ordinance requiring that whites and blacks be assigned to separate seats in cars and of tMe new ordinance, requiring. separate ears for the two races. which are made a part of the complatuanfs bill
 The bill sets forth with some detail
 aon o0 0 o lsgs Sns 'e cD solidations with the Montgomery Street Railway, which had been, incorporated on September 8. 1889. and with the Company. which was inc incorporsted rsaaNed March i5, 1898. The consolidated com pany, 1t is alleged, with its various lines represents an investment of over
 Detailed descriptions of the various lines of the Traction Company, ana of the class of citizens that rides upon city are given m the Sin Many of the lines, 1t 1s represented, carry but Ia small percentage of negro population, the bill summing up the claims of the as follows.
 That very large proportion of all of the patrons or paseangers on the lines of your orator, towit,. eighty per cent, are white people, and as shown above. on practically all the lines of street railway operated by your orator, except the instances mentioned above, Avenue line being said to be negroes and thKee-quarters of the patrons Of the Jackson Street. Washington Park line), a large proportion of the pas- sengers on said various lines ai'e white
 The history of the race separation ordinances of Montgomery ls given, it being stated that the ordinance requir- ing that separate seats in the same car be assigned the two races Is being observed and carried out. The passage of the ordinance requiring separate yor's veto by the Council on October IS, 1906, is also cited
 This ordinance, the bill recites, ia believed py the Traction Company, yond the power. of the City Co'uneil Ccc' of of Montgomery, and therefore void.
 InvRiidity of Ordinance.
 Gontinuing. the bin of complaint :, ''Yogr You ssEEatOr ayers ana states that had tho power and authority to adopt said ordinance, the said ordinance is unrsasonable, oppressive, unjust and
 Fjrst-That said ordinance was pgblishede and by provisions of the City Charter of the said city of Mont- gomery. went into eReet on, Stowit. the no provision in said ordinance othsrs s wise designating the date upon which said ordinance should go into effect that at q special meeting of the City Council of Montgomery held on, towit, the 22nd day of October, 1906. the said City Council Of Montgomery passed a reso- lution requesting the Mayor of the city of Montgomery not to eaforce said in fNA af Ao from that date. which said resolution also provided for the appointment of a special committee by. he President ConteS co @ with your orator, @ iaS itS ofieeTs and s employees in reference to the provis- ions of said ordinance, which said com- nnittee was duly appointed. and had after said date. at which said meeting. after a conference between the officers of your orator and said committee, an naittee on behalf of the 'iis csity or of Mont gomery, jointly. with -'our orator, should make experiments with the va- rious cars owned and in possession of some, movable partitions in others. and by taking off of the above men . toned Electric Park and Pickett sara Snea aes sv yoF arg agTatoP ad opers ted thereon, and using Che same on the Washington Park and Jackson street and Highland Avenuo IinSSs ana that said experiments were being car ried out in good faith by your ora tor, with the purpose and Intent of satisfying the demands of the City of Montgomery in 90 far as 1t could possibly do so, to so operate it's lines in such a manner as would be satisfactory to said City Council of but said City Council of at its regular meeting on. toWit, the 26th day of October, 1906. a resolution diseharging said special committed so appointed by 1t, and instructink the Mayor to enforce the provisions ox said above mentioned ordinance as soon as the thirty days period had expired
 Action of Mayor.
 And now, on this day, towit, the 29rd day of November, 19O6,. the Mayor of the city of Montgomery, by instrue- tions from said City Council of Mont gomery as head of the Executive De- partment of said city and through its Chief of Police and Police Department has declared his purpose to fully en- force all of the provisions. of said ordinance by arresting all of the of- ficers, agenta, employees, motormen and of your orator rho attempt to operate the various ears of your orator over it's said lines. otherwise than in accordance with the provisions of said pretended ordinance And your
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