The Birmingham age-herald., 1907-06-01
BRADLEY OPENS
 FIGHT ON ELYTON
Claims But Seven Voters Signed
 the Petition
TOWNS ACTION IS INVALID
New Incorporation Takes In Bradley Home In dleWiId as Well as Alice Furnaces and
 Other Property.

The first attack upon the validity of the act of incorporating Elyton was made yesterday in the shape of bill filed in the city court. The caption reads as follows:
 State of Alabama ex rel T. M. Bradley vs. Elyton, an alleged municipal corpora ton, Frank W. Smith, W. M. Mariner, c. M. Bitz, w. A. Brown, Dan II. Smith and Thomas T. Alley.
 The relator alleges that the respondents have associated themselves together as intendent and aldermen of the alleged municipal corporation by the name Ely ton,' and are passing ordinaces and exer- cisng governmental power without be- ing duly incorporated. That the defend ants purports to be an incorporated town by name Elyton under the general laws of the state of Alabama; that a petition of incorporation was filed in the office oL the probate court and that an election had been held for the purpose of determ- ming whether or not the same should be incorporated.
 That examination of the records of Jeff ferson county shows that less than twen- ty-five of the signers to the petition for incorporation were at the time April IS, qualified voters of said presclnct proposed to be incorporated that the only qualified voters signing the petition being C. M. Bitz, F. E. Blackburn, R. G. McCarty, Amassa A. Mclaughlin, W. M. Mariner, D. O. Watkins and James OHear. Rela- tor ayers that as less than twenty-five
 l tIo said petition was in law fraud and void and that the certificate of incorporation was invalid, not binding and of no eff feet.
 Relator further shows that the legisla- ture of Alabama did by special act ap- proved February g, 1871, incorporate cer- tain property by the corporate name of the Mayor and Council of the town of Elyton," and that the territory included in said town was described as follows' "The northeast quarter of section ana the west half of the northwest quarter of section g. in township IS, range west in Jefferson county, as shown by map made a part of petition for incorpora- tion."
 Relator ayers that said corporation
 
 known as Mayor and Council of the town of Elyton" is still in existence and has never been dissolved or forfeited; wherefore reator ayers that said certifi- cate of incorporation issued by the judge of probate to Elyton is invalid, not bind ing and of no effect
 Relator assigns three reasons for the averment that said certificate is invalid, viz: Because less than twenty-five or the signers were freeholders in the territory included within the town of Elyton; De- cause less than twenty-five signers or the petition were residents and because less than twenty of the signers were qual- flied voters of the territory included.
 Wherefore relator prays that the Ce- fendants show cause why they should not he excluded from the offices and fran chises which they are usurping, and why judgment shauld not be rendered that the pretended municipal corporation of Ely ton has no corporate rights, privileges or franchises and that the same be dissolved.
 The bill is signed by T. NJ Bradley and the bond is signed by T. M. Bradley, W. 1. Grubb, E. Wilkerson and Lee C. Brad ley. ,,.
 The bill was prepared and filed by City Attorney E. D. Smith, and the hearing has set for June 10, before Judge sem Tn the eouitv division of the city court.
 Among the exhibits accompanying the hill is Kelleys map of the Birmingham district on which the territory is marked off showing the new and the old towns. Part of the territory taken in projects into Birmingham and includes the Alice furnace.