The Montgomery advertiser., 1906-04-13
|ARRESTSN CONTROVERSY Warrants Come Out of Ice Plant Case. WEST AND YOUNG ARRESTED Were Operating Steam Plant With out Permit. On Warrants sworn Out by Rcsidents of
 the NeIshborhood Those in
 Charge of Plant Are 

The steadfast, contention of U. F.. west, one of Mon gomerys best known citizens, that he had a right to operate his electric light and ice plant, corner of Moulton and Bibb streets. the pro- ceedings on which began more than a year ago. resulted yesterday in the arrest of John West, son of D. r. West.
 and C. W Young a bookkeeper and
 office man. employed at the plant. They
 are both charged with operating the plant without first having obtained permission from the City Council. in violation of secton 2e5 of the city code. The warrant of arrest was sworn out by John O'Leary, resident of MouIton street whose home is in close proximity to the plant. He alleges that West and Young did set up d steam engine or operate similar es- tsblishment within the city of Mont zonery without first having obtained permission from the City Council West and Young were arrested by Special Oficers Payne and Graham at l :f6 o'clock yesterday afternoon and were released on their personal bonds to appear in the recorders court yes terday afternoon. When Recorder Ba- Der called the case for trial yesterday afternoon. counsel for the defendants asked for a continuance and the case was set over to April %. Among the city witnesses who have been sum moned are John OLeary. J. w. Durr Jr.. A. A. Ross and W. H. Lindsay, all residents of the neishborhood in which the ice and electric plant is located. The trouble over the operation of the ice and electric light plant began when D. P. West, proprietor of the old Ex- change Hotel and of an accompanying l ice and electric plant. purchased a site for the erection of new plant. corner of Moulton and Bibb streets. when It was announced that the old hotel would be supplanted by the present commodfous hostelry.
 MT. West secured building permit and began the erection of the plant. but he was later confronted by pro- test from the residents of the neigh borhood which was sent to the City Council asking that the Council not allow the operation of the plant and alleging that 1t would be an annoyance and a nuisance to the neighborhood MT. West employed counsel and stub l bornly fought the protest but the City Council steadily declined to grant per- mission for the plant. With the Coun- cii in this attitude, Mir. West applied to the equity court for an injunction restraining the authorities of Montgom- cry from stopping the operation of the
  Court with the result that the injunc- ton was finally dissolved and the city authorities were left to take action in the matter.
 It is claimed that the plant has been running for some time. On account of the illness of D. F. West, the plant has been in charge of his son.
 There is little doubt but that the case
 before the recorder will be bitterly
 contested. Section 295 of the city code.
 which West and Young are charged
 with violating, reads as follows:
 Section 295. No person shall set
 up or operate steam engine, d plan-
 ing mill. or blaming machine. foundry.
 blacksmith shop. cotton gin. bakery. an establishment for boiling soap or
 any similar establishment within the
 city without first obtaining the consent
 of the Council. Any person violating
 the provisions of this section shall be
 fined twenty dollars on conviction
 thereof and ten dollars for every day
 thereafter that the violation shall be
 continued"