The Birmingham age-herald., 1908-09-06
WAIT DECISION IN
 BIRMINGHAM CASE Suit for Special Road and
 Bridge Tax Fund ROAD WORK TO BEGIN D. B. Lacy Will Commence Building Roads for Calhoun County Tomor-
 row-RalIroad Business Inn
 proving at Anniston-
ROAD WORK TO BEGIN

Anniston, September 5.-(Specia1.)-
 It is improbable now that Anniston will
 institute any immediate proceedings to compel the county commissioners to pay the city It's share of $4500 from the
 special road and bridge tax fund, not that the city has abandoned its claim
 and surrendered without a fight, but because a test case is likely to be made
 of the matter by Birmingham, accord 1 ing to a letter received this morning | by Capt. Agee, the city attorney,
 from City Attorney E. D. Smith of Bir-
 mingham.
 In writing to Capt. Agee, Attorney Smith said that he had prepared a
 mandamus petition and was ready to
 move against the treasurer of Jefferson
 county to compel him to pay over to
 Birmingham the city's portion of the
 special road and bridge fund, which he
 would probably do in few days. so as
 to bring the matter to the supreme
 court. to which tribunal the matter will
 likely go for final adjudication in Mo- vember. The case in Birmingham differs from | that in Anniston only in the fact that the county board of revenue, which Is | equivalent to our county commission | ham. but the county treasurer has re-
 fused to pay it. The proceedings on
 the part of City Attorney Smith, there fore. Is against the county treasurer. County Treasurer Glover, however, |, h. ance the order as the county attorney l Said 1t would be an illegal charge | against the county.
 Begin Road Work.
 D. B. Lacy arrived last night from Kentucky with number of experienced | men to begin work for the county on l public roads as per contract recently entered into with the county commis- | sioners His purpose was to begin
 work today, but owing to the fact that the county's road machinery, which MT.
 Lacy is to use, is out of repair he will not be able to begin operations until Monday. It will be recalled that the commissioners have undertaken an experiment. for the improvement of the public roads, having made contract with MT. Lacy to use the county's road machine and work with the differenct road hands MT. Lacy to furnish teams and expert help. The commissioners are hopeful that the experiment. may prove entirely satifactory and that the system may solve the road problem. Theatre to Open.
 The theatrical season at the Noble Street theatre will begin next Tuesday evening, and that popular playhouse l which has been dark so long will be- come the mecca of the amusement low ing public of the Model City. The open ing bill will be "On the Bridge at
 Midnight" good play with a strong cast.
 Railroad Business Improves.
 Another indication of returning pros ! perity is the recent increase in busi- ness with the railroads. Both the Southern and Louisville and Nashville
 have had a large increase in freight
 traffic and yard forces have been in- creased and additional switch engines
 put on. The double-header freight
 trains formerly so conspicuous are now
 being seen again and they make things
 look brighter. A general revival of business is looked for.
 Goes to TaIladega.
 c, H. Titus, who has been continu-
 ously in control of the business of the Kress 10 cents store on Noble street,
 has resigned to accept a place as gen.
 eral manager for the City Hardware
 store at Talladega