The Birmingham age-herald., 1911-01-18
MAY NOW ADOPT TIE
 vADUCT AGREEMENT
Chancellor Sustains Demurrers
 Filed By Boyd
BUT ONE CHANGE IS LEFT
Altman S Mitchell May Get supreme Court Justice to Reinstate Injunc- ton, But Nothing Else Will
 Prevent Councils Action

The City Council may now proceed with the adoption of the viaduet agreement The injunction which prevented action al the last meeting was yesterday dissolved by Chancellor A. H. Benners, and to- night the agreement will no doubt be adopted.
 The only chance for prevention will be the return of John W. Altman and Attor- ney J. A. Mitchell from Montgomery to- day at noon with an order from justice of the supreme court reinstating the tenn porary injunction These attorneys left for Montgomery yesterday afternoon. hop ing to get some justice of the supreme court to reinstate the injunction and fix a bond for an appeal from the decision of Chancellor Benners.
 If there is no further interference, the agreement will without question be adopt ? ed by the council tonight, by vote of two to one.
 This will, of course. leave the fight for the closing of the streets mentioned in the agreement up to the legislature. The bills have been drawn and will be pre- sented at once, and the real battle will take place in Montgomery.
 The property owners who have organ ized to fight the closing of the streets, and have already instituted suits for the opening of Second avenue, Twenty sixth street and Thirtieth street, will make strenuous objection before the legislature. The council the railroads and the Sloss company will endeavor to get the bills through. The Sloss company and the Ala bama Great Southern will practically be fighting for their homes, as the Sloss fur mace and the Alabama Great Southern shops would both have to be removed If the suits to open Twenty-sXth street and Second avenue are granted It is under stood that they have no legal right to keep the streets closed, and their only hope is in the legislature summarily va eating them.
 The aldermen, 91 of whom were relieved of embarrassment by the removal of the injunction, were highly appreciative of the work done by City Attorney Romaine Boyd, who so successfully handled all of their cases. Since Vassar Allen was the only other lawyer who qualified in the case as attorney for one of the aldermen, the hole which attorneys fees might have made in the complainants bond will not be so large as was expected.
 Chancellor Benners refused to make the injunction permanent on the ground that there was no equity in it. and when AL derman George Huddleston attempted to amend it, Chancellor Benners allowed the amendment but stated that he had read the amendment and it would not change his opinion.
 Here is the order of the court:
 Gaetanina Scaccia vs Harry Jones, ct als
 In Chancery, Jefferson County, Ala.
 bama, Spring Term, 1911.
 submitted for decree upon the demurrer of the defendants to the bill of complaint, and upon their motion to dissolve the injunction for want of equity and upon consideration it is held that said demur- Ter is well taken, and that the injunction should be dissolved. It is therefore or dered adjudged and decreed that the de- murrer be, and it is sustained, and that the injunction be- and it is dissolved. Com plainant is allowed 20 days from and after enrolment of this decree. in which 10 amend the bill of complaint.
 ALFRED H. BENNERS.
 CMFWYP January r. 191l Chancellor.