The Birmingham age-herald., 1911-01-05
INJUNCTION STOPS ACTION ON v|ADUC1
 BY CITY COUNCIL Special Meeting Of Aldermen Will Be Held Tomorrow
 Night
PAPERS SERVED ON
 EACH COUNCIL MEMBER
yote wou,d Have Been Close If Taken Last Night--Boyd Says Aldermen Can Recover On Bond If ln-
 junction Is Dissolved


 as lie entered the council chamber.
 This was the first step in the lega battle which the property owners pro pose to wage. They announce tha they will immediately file suit to fore; the opening of Twenty-sixth and Thir- tieth streets, which are now closed and if opened, woul1 run through the shops of the Alabama Great Souther, railroad and the furnace of the Sloss- Sheffield Steel and Iron company.
 They declare that they are not op- posed to the building of the viaducts but are opposed to the city paying any thing in money or vacating streets Under the state law they claim the duty of the railroads is to build these va ducts at their own expense when the grade crossings are a public menace.
 Most of the aldermen wanted to go ahead and adopt the ordinance last night in the face of the injunction, claiming that no court had jurisdic- tion over the action of a legislative body but Alderman Gregg finally pre- vailed on them to let the matter so over.
 Adjourned Unti. Friday Night
 After much delay the meeting was called to order and when the viaduct
  moved that when the council adjourn it be to meet Friday night to take up the matter This was carried and the council meets tomorrow night at 7:30 o'clock
 Meantime City Attorney Roplaine Boyd will attempt to have the injunc- ton dissolved, though it is hardly probable that the case will be decided by Friday However, the aldermen will investigate their rights and may prob- ably adopt the ordinance in the face of the injunction.
 Vote WuOld Be Close
 The vote in the council would ave been close last night as it Is under stood that the majority in favor of the adoption was only four and Alderman Walter Moore thought the situation SC acute that he asked for the postpone ment of the election of his colleague to succeed John R. Copeland, resigned It was known that Bret Brown, who is slated for the seat, is opposed to the viaduct contract. It is said that Mir. Brown will not be elected until the viaduct question is disposed of.
 A point brought out by City Attor- ney Romaine Boyd is that the aldermen may employ individual attorneys to fight the injunction and, should it he
 
 right to collect attorneys fees against the injunction bond
 The aldermen who are known to op- pose the viaduct contract are: Houp- pert. Stern, Klotz, Huddleston, Perdue, Metcalfe, Ball, McArthur, Frank Smith and D. U. Williams, though others are expected to be on the fence. Me- Laughlin passes his vote, due to in terest in property affected.
 Some Of the Complaints Made
 The bill of complaint, brought in the name of G. Scaccia, one of the prop erty owners on the Southside, was filed before Judge c. c. NeSmith in the city court and upon the filing of a 5000 bond with surety as required by law a temporary injunction was issued. made returnable before Judge Benners in the chancery court.
 The grounds set forth in the bill of complaint briefly, are: That the loan which the city proposes to make of s125.- GOO would be invalid because it is not to he repaid within eight months as re- quired by section 11S1 of the code of Ala bama; that the municipality already owes temporary loans to be paid within 12 months In excess of funds which it now has for the purpose of paying same, and by this contract the municipality will in- cur further liability in the way of tenn porary loans and floating debts, in ex- cess of the limitations provided by sec- ton 1430 of the code and section 225 of the state constitution; that the annual expenditures of the city for necessary expenses is in excess of s1,400000; that the deficit for the fiscal year will be more than S300,000 and it's total available revenues for the current year will be consumed in paying such expenses and interest prior to June 30 1911; that, there fore bond issue of $500000 will be neces- sary within six months, and that a ma jority of the qualified voters are distrust- ful of the ability of the officers of said municipality to successfully conduct said city and it's affairs. under the present form of government and will not au- thorize or vote for such bond issue under the aldermanic form of government; that the municipality's present bonded indebt- edness Is in excess of $4,600,0 900, with ar annual interest charge averaging 5R per cent, and the necessary expense of ad- ministering its affairs and business ex- ceeds $1, 100. 600: and that said municipality in incurring the liability provided for by said contract to pay the portion of the cost of construction as there mentioned which will amount to a sum in excess oi s200, ,000: is mourning liabilities which ii has no means of paying and can never pay, and defendants are thereby abou to force the municipality into insolvency and financial ruin.
 That the said municipality has no righ or authority to vacate the streets an( avenues provided by the contract to b' vacated; that it's action thereon would b. illegal and wrongful; that said municipal ity has no property subject to execution and by reason of it's financial condition has no funds available from which i could be required to pay damages tt complainant: that complainant's propert. will be damaged to the sum of $5000 b. yacating said streets, and complainan will be done an irreparable injury, on for which she has no adequate remed. at law: that the proposed action by th City Council is not only against tn ethics and violative of the rights of com plafnant and other persons owning prop erty in said city. but Is against the bes interests of said municipality, both be cause of the vacating and closing of tn public highways and because of the pay ment which the said contract impose upon the said municipality the obliga tion to make; that the said municipalit proposes to donate to the corporation a large sum of money, $125,000 as for tn cost of the approaches to the viaduct that said payment will be donation be cause 1t is the duty of the railroad com panies to construct the entire viaduct a their own expense, the same being owe their tracks, where the same cross o extend along public highway, as pro vided by section 1296 and other section of the code of Alabama, and there Is n legal consideration for the proposed pay ment; that the payments will be evidence by a negotiable note of said municipalit which may get into the hands of bon fide innocent purchasers, and thereby be come enforceable obligations against sal municipality to complainant's irreparabl injury.