The Montgomery advertiser., 1907-09-22

filed in the City Court before Judge A. D. Sayre. praying that the cor poration be forced to- ride certain city employees and officials Tree of charge. the city ,s re grown out of the re- cent revocat on of all passes by the Montgom 4ry Traction Company. The company called in all free transporta- tion on September 2.
 However. previous to this time, the company had entered into an agree ment with the city to furnish passes to the mayor, aldermen and all other executive officers for whom they should be demanded and to transport patrol men and firemen free of charge when in uniform. Before taking the matter into the courts the city made demand on the company for compliance with its contract and free transportation was refused.
 The text of the application filed by the City Attorney is as follows:
 'aTon. Hon. A. D. Sayre, Judge of the
 City Court of Montgomery: :.
 Your petitioner. the City Council of Montgomery, for the City of Mont gOmery, respectfully shows unto the court that your petitioner Is munici- pal corporation organized and existing under the laws of the State of Ala bama; that your petitioners under and by virtue of the powers granted 1t by theLegislature of Alabama, adopted an ordinance on to-wit March 26. 1908,
 
 tition, marked Exhibit A and prayed to be taken as a part hereof as If full ly herein set out; that the said ordi- nance was approved by the honorable mayor of the city of Montgomery on to-wit April 8. 1908. and was pup lished in The Montgomery Journal, a daily newspaper published in the clty of Montgomery. and thereupon had the force and effect of law; that the Mont gomery Traction Company, corpora tion, created and existing under the laws of the State of Alabama. IS en1 : gagged and from to-wit March 20, lSVo' has been engaged m earryahg l g.pss passs snd the police jurisdiction of the city or Montaomery, and Is doing within salo city a street car business, and TOT sucn purpose has erected poles ana Wlres upon and along said streets, and Dy such means and the use of electricity operates its cars through the streets and public places of Montgomery that said company has authority under US charter to do these things; that salo is now and has been since tha lbth day of April, 1906, exercising the franchises and privileges granted 1t under the ordinance, copy or Wnlcn Is attached to this petition and markeo sTsxhihit A and has formally in writing accepted the provisions or sucn ordinance as shown by the endorsement on said ordinance, copy or Whlch IS attached hereto as ExhiDit A. that
 
 under it's charter had the power and authority to accept the franchise grant ed by said ordinance ana mad the du- thority and power under It's charter to assume the obligations and duties i'm. posed upon it by the provisions of said ordinance and especially by the pro visions of section twelve Of sald or dinance; that the city councli or gomery, had the right and authority under its charter to pass the ordinance, A copy of which Is attached hereto ana marked Exhibit A, and to impose upon said Traction Company the outies therein mentioned, including the duties Specifically mentioned in section twelve of said ordinance; that said ordinance became a contract by operation or Jaw and also by express consent or the par ties the City Council Of Montgomery for the city of Montgomery, and the Montgomery Traction Company; that under section twelve of said ordinance the said Montgomery Traction company agreed and bound itself to furnish tree of charge tickets to the Mayor and AL dermen of the city, and to all other ex- ecutive officers upon application rom the Mayor, and to transport officers ana patrolmen of the police force and all members of the fire department free when in uniform: that the Montgomery Traction Company has refused and still refuses upon application from the May OF of the city of Montgomery to turn iSh free or cnarSe tlChelS OE pHeSoS to the Mayor and Aldermen of the city and all other executive officers and has refused and still refuses to transport officers and patrolmen of the police force and members of the fire department free when in uniform; that said Mont- gornery Traction Company compiled with section twelve of said ordinance until a certain act of the Legislature approved February IA. 1907, became op' erative. and since said act of the Legis. lature. a copy of which is hereto at tached and marked Exhibit B. and prayed to be taken as a part of this pe- tition as though herein fully set out, hecarna operative. said Montgomery Traction Company has refused and still