The Birmingham age-herald., 1906-02-03
CITY OF ENSLEY
 LOSES DECISION F. B. McWiIIianS Wins in Fa-
 nous Litigation CASE WILL BE APPEALED Marriage of Miss Holland FonViIIe and MT. E. j. Eben Was the Most Notable Social Event of
 the Season.
CASE WILL BE APPEALED

Birmingham this morning rendered de- eision against the city of Ensley in the famous case of F. B. MeWillams vs. the city of Ensley. By the decision the Mayor and Council of Ensley lose municipal con- trol of that portion of the city ineor- porated under recent act of the legis- lature which will materially affect the city.
 The territory involved includes Tuxedo park and large territory in the Ensley Highland section. A considerable propor= ton of the wealth and population of the city Is lost if the decision of the lower court is sustained by the supreme court
 The decision as handed down by Judge Ferguson this morning has created con siderable comment in the city today. in fact it has been the chief topic of com versation on the streets.
 An interesting feature of the case IS the fact that Mayor Scott is erecting a handsome residence in the contested ter ritory and if tho decision of the lower court is sustained he will be non resi- dent of the city if he occupies the house when it is completed which Is hls inten- tion
 The present city clerk and one or two members of the Board of Aldermen are residents of the territory ruled out by the court.
 It is interesting to speculate as to what will be done in these cases provided the decision of Judge Ferguson Is allowed to stand.
 Following is the text of Judge Fergu- sons decision:
 The Decision.
 "This cause coming on to be heard was submitted for final decree upon the bill of complaint as amended. the decree pro- eonfesso against the city of 11nsley, municipal corporation, the decree pro- confesso against the Mayor and City Council of Ensley, and the testimony as noted by the clerk and register, and the same being considered by the court the court is of the opinion that the complain ant Is entitled to the relief as prayed in and by his said bill of complaint It is therefore ordered, adjudged and deereed by the court that the complainant be and he is hereby granted the nelief prayed in and by his bill of complaint in this cause and that the said defendants, the Mayor and the City Council of Ensley, their of ficers, agents and employees, be and they are hereby perpetually enjoined and re- strained from selling or attempting to sell any part or portion of the complainant's property as described in the bill of com plaint, all of which lands are in Jeff ferson county, Alabama, Tor taxes as- sessed against said property by the city of Ensley for the year 1904. Tt Is further ordered, adjudged and decreed that said assessment of the said property of complainant, by the city of Ensley, for taxes, is Illegal and void, and said assessment is hereby annulled and set aside
 Tt is further ordered, adjudged and de- creed that said Mayor and City Council of EnsleY be and they are each hereby perpetually enjoined and restrained from exercising or attempting to exercise any jurisdiction or authority over the said property of the compliments, as if it were within the corporate limits of the city of Ensley.
 City Attorneys Statement.
 City Attorney Romaine Boyd, who rep resents the city of Ensley in the litigation made the following statement in reference to the case today:
 'The last legislature passed two acts extending the city limits of Ensley and these acts have been under attack in one form or another ever since the legislature adjourned. This litigation has reached the supreme court twice, both cases being decided in favor of the city on technical ities
 "The decree rendered today holds both acts unconstitutional on the ground that the legislative journals fail to show pub lication of sufficient notice of the bill, as required by the new constitution in case of local bills
 '"The question involved is one in which the supreme court has itself once or twice devided, but l am of the opinion that the proof shown by the journals is sufficient and the case will be appealed
 "The decree does not enjoin the eollee- ton of taxes in Tuxedo in general but dafn fa ha tl,y. court the city will suspend, collecting taxes there until a final ruling can be obtained from the supreme court, about the last of May.'
 McWilliams is represented by the law firm of Sharpe & Miller of Birmingham
 The territory embraced in that litiga- tion embraces about one-fourth of the present area of the city.
 EbIen-Fonville.
 The marriage of Miss Holland Fonville and MT. G. J. Eblen at the home of the brides mother Mrs. w. D. FonvilIe, in this city yesterday afternoon at o'clock was one of the most notable social events of the season in this city.
 The bride Is exceedingly popular in this community and the groom is a sue cessfu and popular young business man of Birmingham. The ceremony was per- formed by the Rev J. H. Longcrier and was witnessed by a number of friends and relatives of the bride and groom. As the wedding party entered the par lor which had been beautifully decorated Mrs. J. C. Fonvllle of. Luyerne, aunt of the bride, who was accompanied by r. G. Fonville, brother of the bride, played Mendelsshon's wedding march.
 The wedding party was led by the flow CT and ribbon children, Charles Wheeler 1 Sharpe, Ruth McCluen, Ruel Morrison and Lucille Lewis. They were followed by Miss Hattie Brazelton, maid of honor, and MT. Lawson Eblen best man and brother of the groom. The bride followed on the arm of her brother, Dr. w D. Fonville, and the groom and his best man at the altar.
 ] The bride was handsomely gowned in white crepe de chine over white silk and | carried brides roses.
 | MT. and Mrs. Eben left at O clock last night for Louisville and other points in the north where they will spend a few weeks after which they will be at home in Ensley.
 Notes and Personals. l A. F. Boyd will demonstrate fine spring tailoring at the store of Vest -McWilIiams company, tomorrow and Monday. Mr Boyd represents the Globe Tailoring com pany at Cincinnati.
 Mrs. r. M. Slye, who has been quite i'll for several days, is resting well and the attending physicians have hopes of hei l early recovery.
 The West-McWilliams company vii