The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-11
.SAYRE SUSTAINS
GRAY DEMURRER
[. & N. Must Set Up Add
tionaI Facts
STEP IN QUO WARRANTO
Montgomery Members of Phi Delta
Theta Will Give Banquet In
celebratIon of Found
ers' Day.
STEP IN QUO WARRANTO

Montgomery March 1O.-(special)-
Judge A. d. sayre in the civil division of
the city court. today sustained the de-
murrer interposed by H. B. Gray of Bir-
mingham, to pleas filed by the Louisville
and Nashville Railroad company, in an
swer to Mr.. Grays quo warranto proceed
mgs.
This in effect means that the Louis
vile and Nashville railroad must set up
additional facts to sustain its right to OPP
crate the South and North Alabama rail-
road: or be outsted of the right To oper-
ate 1t.
1t seems that the Louisville and Nash
vile railroad has been operating the
South and North railroad for more than
thirty years, claiming the right to do so
and making contracts for the carriage pf
freight and passengers in its own name,
and, as Mr.. Gray claims, for its own
benefit.
Mr.. Gray is stakeholder of the South
and North. Heretofore he filed a bill in
equity side of the city court of Mont
gomery praying for an accounting by the
Louisville and Nashville of its operations
OF tile 0Oulu anu ANOllit anu ttShibb III
the appointment of a receiver. The bill
was sustained for an accounting, but a
receiver was denied. That case is now in
the supreme court. Similar bills at Yari-
GUS times have been filed in various courts
by dissatisfied stockholders of the South
and North but have been settled out Of
court.
The decision this morning was rendered
in the quo warranto proceedings which
hos
declare the operation of the South and
North by the Louisville and Nashville a
usurpation, and to restore the operation
of it to the South and North or have 1t
forfeited The Louisville and Nashville
set up in its pleas the history of the
connection between the two corporations
and contended that the facts justified 1T
in various ways in operating the rail-
road of the South and North of Alabama
The decision this morning holds To the
contrary
Phi Delta Theta Fraternity.
The Montgomery members of Phi Delta
Theta fraternity will celebrate Founders
Day, Thursday, March To- at Young 5
restaurant, with banquet
The committee on Founders Day and
banquet is composed of William J. Con-
mfr chairman; Il. s. Ball and T. b. Be-
thea. They have already responses from
a majority of the Montgomery Phs which
assure the committee that the affair will
be a great success. An elaborate menu
has been prepared.
The Phis are especially strong in Ala
bama, and her members in Montgomery,
Birmingham and Mobile are the best evil
dence of this. In Montgomery there are
about sixty Phis, representing almost
every University this side of the Misss-
sippi river.
New Corporations.
The following new corporations have
been reported to the secretary of state:
Conecuh Abstract company, Evergreen;
capital, $4,000 1ncorporators, c. S. Rabb,
s. A. Wilson, S. p. Dunn, c. 3. Savage,
H. w. Dunn w. S. Oliver, w. B. Ivey.
J.. jackson, A. Cunningham, c. r. ITALIA
ferro.
Burgin Land company. Birmingham,
name changed to the Burgin Real Estate
company.
. Mobile Coco Cola Bottling works. Mo-
bile; w. d. Bellingrath is the president.
These minor appointments have been
made: Justices of peace, N. c. Camack.
Helena; 7. b. Smith, Boliver; notary pub
lie, J. A. billiard, Montgomery.
w. l.. Slmms and j. 4. Smith have re-
signed as registrars of Lawrence county.