The Birmingham age-herald., 1911-05-17
Someone Maintains That
 City Owns Property
TITLE ONCE TESTED
Supreme Court Decided Against City and this Will Probably Stand Un- less Some Strong New Facts
 Are Presented

That the question of whether the city grounds upon which the Country club and its golf links are located, was tres adjuticata,' so far as the city was con cerned, and could not be reopened was the statement of Commissioner A. O.. Lane yesterday.
 Judge Lane qualified his statement by adding that unless some new and start ling proof was produced there could not be instituted another suit.
 The question regarding the Country club and It's grounds has been put before the commissioners individually without a definite sponsor so far as can be ascertained. The three commissioners are interested in the question. but each of them stated that no person that they could remember had broached the mat ter to them. The only definite state ment on the proposition was secured from Bradley J. Saunders, a prominent club man, who avowed at the commission meeting yesterday that the question would be put up to the commissioners official ly within few days. "I cannot be quot ed, however, said MT. Saunders. tex cept that the property If 1t belongs to the city upon a dedication should be people. I anticipate that some facts will be given the commission soon.
 Commissioners Discuss 1t
 Commissioner Lane said that three or four persons had spoken to him about the question relative to the city owning the grounds, but he said: They spoke to me on the streets and I cannot for the life of me remember their names. So many questions are asked and so many propositions are put up to us, that it is an extremely difficult matter to keep the names of persons in mind.'
 Judge Lane added to his statement the fact that the question had been threshed out before the supreme court and the rul- ing was made that the city was possessed of no rights to the property.
 It was stated by President Exum of the commissioners that he only learned of the rumors from gossip originating at the clubs where the question was of ex- citing interest,"
 'I am a director of the Realty com pany," said MT. Exum. But If the city owns that land I would be in favor of going right after it. That would be a perfectly splendid park and would add a great deal to the city's natural wealth."
 Commissioner James Weatherly said that he had been advised of the rumors: No one has made any definite presen- tot; tA Co T yised," he said And until the ques- ton is official, do not favor opening it upon our own initiative. That ques- ton has been threshed out years ago by the supreme court and great deal of new evidence must be submitted to per init any reopening of the case"
 Presentation Unsponsored
 The unsponsored presentation to the individual commissioners that the Coun- try club grounds belonged to the city by right of implied dedication on the part of the Elyton Land company, has been talked of necessarily in club and business circles during the past few days. The question received its most pro- nounced impetus when the commissioners at the city hall indicated verbally that their attention had been called to the matter and they would look into the question.
 The property consists of five acres owned by the Country club and a larger area upon which fine golf links have been laid off. The property Is situated in what has often been termed the most enchanting spot in the entire city. Pros pective litigation over such a splendid prize has naturally generated keen in- terest.
 The members of the Country club are not at all alarmed over the rumors that the commission will take the matter up and look into it if new evidence war rants 1t. They claim decision of the supreme court has cleared the matter of all doubt and they are resting free of apprehension. However. to have a repe- tition of the regrettable controversy is calculated to cause some slight detri- ment to the placid organization.
 Irrespective of the fact that there will be presented to the commission data upon which it is hoped the Country club title will be retested, there seems to be an unwillngness on the part of the com missioners to get into such matter without a better array of facts than were presented in the former case. which was adversely decided for the city.
 That litigation has history which Isl
 (CONTTNJJED ON PAGE 14.)