The Montgomery advertiser., 1906-04-21
THE CITIZENS
 COMPANY WINS Supreme Court Decides an Old Controversy. STRINGING OF THE WIRES Judge Sayre's Decree Dissolving
 Injunction Upheld. luss Mabel HaIse Will Collect a Judg- ment Against City of Montgom-
 ery-other Opinions Of In-
sTRINeING OF THE WIRES

The controversy between the Citizens Light. Heat and Power Company ana the Montgomery Light and water Company, as to the use of the poles oi the latter company by the former com pany. a controversy that was much in fhe pubIic eve a year ago, was settled for all time yesterday when the su preme Court of Alabama decided the controversy in favor of the Citizehs Company.
 The Citizens Company, the new or ganization, contended that 1t nao d right to string its wires on the poisss Of the Montgomery company inasmucn as 1t was directed to do so by the city administration which provided how ana where its wires should be strung
 This particular case was based on pole at Commerce street ana court Square where the Citizens company undertook to string it's wires. There was much litigation in the lower courts but Judge A. D. Sayre of the City Court of Montgomery finally dissolved the preliminary injunction which the Montgomery Company had secured re- straining the Citizens Company from using the poles of the old company. From this decision of Judge Sayre the Montgomery Company some time ago appealed to the Supreme Court
 In an opinion by MT. Justice Denson the decree of Judge Sayre dissolving the preliminary injunction, is affirmed. The court takes the broad view that the streets of city and everything in tho are under control of the city gov- ernn.ent and that the city government has the right to say where and how wires shall be strung.
 List of Opinions.
 After handing down a number of de- cisions yesterday the Supreme Court adjourned until May 8, when cases from the Third Division will be called.
 Opinion in the following cases were ] hsnded down by the Supreme Court:
 weakley. c. J.
 R. E. Alley vs- Jesse French Piano and Organ Company, appeal from Jack son Circuit Court reversed and re- handed
 Howard Austin vs. The State of Ala bama, appeal from Clarke Circuit Court. affirmed.
 Q. A. Carroll, ct al vs. D. T. Fulton. ct al, apreal from Geneva Chancery Court, reversed and bill dismissed with out prejudice.
 George w. Price vs. Workman Pub fishing Company, appeal from Besse- mer City Court. appeal dismissed
 Haraison. J.
 Western Union Telegraph Company vs. Hattie E. Marker, appeal from Jeff ferson Circuit Court, affirmed.
 Coleman and Davis vs. H. Elliott, appeal from Geneva Chancery Court affirmed.
 John W. Black vs. Sullivan Timber Company ct al. appeal from Mobile Chancery Court, affirmed.
 City Council of Montgomery. vs Mabel Halse, appeal from Montgomery City Court. affirmed.
 A. J. Wilson vs. Louisville and Nash vile Railroad Company, appeal from Chiffon Circuit Court, affirmed.
 Dowdell, J.
 Daniel Brothers vs. H. R. Jordan and Son, appeal from Cherokee Circuit Court, reversed and remanded.
 South Alabama Railway Company vs W. c. Maddox and Son, appeal from Coffee Circuit Court. affirmed.
 Mary Granger ct al vs. Simmons Hardware Company. appeal from Henry Chancery Court. affirmed.
 Denson. J.
 Montgomery Light and Water Power Company vs. Citizens Light. Heat and Power Company, appeal from Mont gomery City Court, affirmed.
 W. P. McGaugh vs. Deposit Bank of Frankfort, appeal from Lowndes Chan cery Court, affirmed.
 William 2. Shackleford vs. The State of Alabama, appeal from Bibb Circuit Court, affirmed.
 Alabama Steel and Wire Company vs iOii 1lCHHcHtct 0Ppcdt AfoHi JentT son Circuit Court, reversed and re- manded.
 Miss Halse Gets Decision.
 It will be observed that another Montgomery case was decided by the court, that of Miss Mabel Halse. Miss Halse fell to the sidewalk on Clayton street. between Dickinson and Short streets two years ago and received personal injuries.
 In the Citv Court of Montronerv sh q sued the city for $3.500, setting up that the sidewalk was defective. The jury awarded her a verdict of s512. The Supreme Court yesterday affirmed the decision of the lower court and Miss