The Montgomery advertiser., 1907-09-17
TEST CASE IS TO BE BROUGHT Pass Question to Go to
 the Courts. 4
 COUNCIL NSTRUCTS ATTORNEY Alderman J. (. Tyson Wants Coun-
 cH to Revoke Franchise. City Fathers Have Many Enjoyable Bursts of Oratory During se-
 date Consideration of Many
 Grave Matters.

laudations. and the former being more Tn mind. There were several causes. the Montgomery Traction Company, the revocation of whose franchise. in the meanwhile, is tbeing considered.
 First to start off the gyrations of Mayor Teague. which had reference to the Traction Company's action in de- nying passes to the various city de- parfments. Accompanying the com City Attorney Mcintyre. which com bination had the effect of lighting the fireworks.
 Both Mayor Teague and City Attor- was violating the contract under which 1t secured its franchise in with holding passes to the city officials. The city attorney in his opinion stat passed March 26. 1906, and approved April 3. 1906. when the Montgomery Traction Company consolidated with the Montgomery Street Railway and Railway company, the % fraction Ssega. Com. pany was prohibited from denying passes to the departments stipulated in the ordinance.
 this, moved the revocation of the franchise of the Company. He claimed that value had been received for the concessions; that written contract COutu uOL DC NAOldtGQ without the OL- lending party laying itself liable to trial, and that the Traction Company had most decidedly forfeited it's con- tract with the city in It's action ta- ken.
 The resolution of Alderman Tyson was referred to the Judiciary Com mittee for consideration, with the re- quest that report on it be made at the next session of the city fathers.
 President Gunter, however. played the winning card in a resolution which he introduced to the Council and had passed. The resolution authorized the Mayor to instruct Mr tbs Mcintyre to act by which the Traction Company claims to support its action. and to enter at once into the litigation.
 Italian Gets His Money.
 Charles Ambrosia was the cause of mixed invectives and 1audations. Nearly all of the city fathers were on the firing line, the thing of dispute being a paltry hundred. dollars.
 The Italian vendor of ice cream in a petition requested that he be- re- funded $100 which the city treasury had received into its possession as the result, of a forfeited bond. Am brosia claimed that he had been sick when the trial of his case came into the Recorders Court. a condition which prohibited his appearance.
 bad precedent was being established. Ambrosia, he said, had deliberately skipped" his bond because he feared a greater punishment would have been administered.
 Alderman Gunter was equally as sure of it. However, he said, that was the very reason why the sum should be refunded. Ambrosia was an ignorant foreigner, who at one time had $500. Under forfeiture of his bond the city secured, he said, exactly one-third of 1t. while an advising attorney retained the balance for lawyers fees.
 Alderman Sullivan stepped into the arena in defense of President Gunter's speech. Alderman J. C. Tyson. he said, was a very wise man, but had over stepped his conscience in speaking as he had. To be sure Ambrosia was poor. He had been grossly mistreated. and should as surely get is money back as a fish should retdrn to the water.
 Alderman Hudson and Cox thought likewise, and as a result of it all the favorable report of the Judiciary Com mittee. by whom the petition was re- Later in the evening Alderman Gunter moved that $100, be appropriated out of the treasury to pay Ambrosia the forfeit money which ordinance was adopted
 The Atlantic Compress Company was allowed, upon vote, the city's authority for the construction of a bridge over Rebecca Street. The stipulation was made, however. that the bridge snould be torn down at any time seen fit by the city either through the City Coun- ell, the Mayor or City Engineer.
 The Judiciary Committee reported favorably upon the resolution to open Oak street as far as the Norman Bridge Road, provided the property owners on the street agree to indemnify the city against any expense that might be incurred. The report was adopted.
 Want Pay For Auto.
 rI1 MnnrG nRfffinnAd the city for check to pay machinist for the re- pair of their automobile which was run into and put out of commission py a fire engine of the city several months ago. The petition was referred to the Committee on Judiciary.
 Upon vote sidewalks were authorized To be paved on both sides of Bullock rom the west side of Cleveland Avenue 70 the east side of South Holt
 Also $16.2O0 of paving bonds were authorized to be issued for the pur- pose of paying for the paving of the ollowing streets, and 1t the following mounts: $2,O0O to pave the sidewalks ,n both sides of Hull street from the forth side of Clevelasd Avenue to the ;outh side of PoIlard $S500 for the ,aving Of the sidewalks on both sides if Pollard street from the east side or Perry to the west side of Hull; $1,20O Or the paving of sidewalks on both tides of Pine street from the east side if Forest Avenue to the west side or Magnolia street; S4,200 to pave side walks on both sides of Park Place from he east side of Pleasant Avenue to he West side of Mulberry street; $2,SOO Or the paving of sidewalks on both tides of Finley avenue from the east '1de of Hull street to the west side of he Norman Bridge Road; $4.000 to nave the sidewalk on the east side Of Sleasant Avenue from the south side If Mildred street to the north side of Jefferson Davis avenue
 The resolution of Alderman Roemer 10 pay the incoming Aldermen $5 for heir attendance upon every regular meeting of the City Council was re- ported to the Council by the Finance ;ommittet. without recommendation. In Jinw of the absence of Alderman Roe ner the father of the ordinance, the iiscussion es postponed until the next session of the city fathers.
 Upon resolution Mayor Teague was authorized to purchase the personal property of the late Adolphus S. Ger ongs to the Gerald estate. The pur- ,hase price, as stipulated, not to ex- ,eed $f OO0 and the sum IS to be paid fo Mrs. Gerald. widow of the de- ceased.
 The petition of the Alabama Agricul- turai Association asking that ten pa- trolmen and five special men be em- nIoved by the city to look after the Association's interest at Vandiver Park during the next State Fair, was read and granted. The officers are to be of the Police Department of the city.
 Alderman Cox played the role for a few minutes of Oak Park champion. two resolutions looking to