The Birmingham age-herald., 1911-01-06

Who stopped all the plans of the rail- roads, the furnace companies and the city of Birmingham to spend $sooooo on viaducts?
 Who killed Cock Robin?
 The aldermen, 20 of whom were in favor of adopting the viaduct agreement. stormed and muttered words Wednesday night when served with the two pages oi an injunction. "Who is 1t that has tied our hands, and put us in this embarrass- ing conditlon?" they said. Early yester- day morning they hurried angrily with their attorneys to the courthouse, seek ing the name of this person who had committed lese majeste. And they found that woman had clogged the wheels of government, turned defiance into the face of legislation, and with one hand toppled viaduct almost to destruction.
 Her name was Gaetinina Scaccia.
 From the Land of Italy
 From the land of Italy she came, and though not an adept at speaking the English language. she has found that her property would be irreparably damaged by the closing of certain streets and she brings the strong arm of the law to bear in her defense. Twenty aldermen who thought they were about to make them selves famous by ordering the construc- tion of the first great viaduct in the city of Birmingham. had their mouths closed and their hands tied.
 Mrs. Scaccia, in her hour of need found the strong arm of the law in the posses sion of one James A. Mitchell, whose name is the only other appearing in the petition for the injunction. MT. Mitch- ell, who occupies the office with Alder man Samuel B. Stern, was seen yesterday afternoon. MT. Mitchell states that he has been practicing law in Birmingham 20 years. He stated that number of lawyers are associated with him in the case, but declined to divulge their names. '"rhey will come out later in the hear ing" he said.
 MT. Mitchells Views
 we are not opposed to viaducts," he said we want to prevent the closing of streets, which will damage our prop erty We will carry the fight to the last, and believe the court will make the in- JulctlOIl permanent.
 Inquiry elicited the fact that MT. Mitch ell had no other client, but was speaking for himself and his client, Gaetinina Scaccia.
 The question which the aldermen are debating is whether Mrs. Scaccia will again prevent them from acting when they meet tonight. The attorneys doubt whether the matter can be settled in the courts for several weeks. and it Is hinted that the aldermen will proceed tonight without further noticing the injunction.
 This, of course would place them in contempt and subject to jail imprison- ment. They claim that a legislative body cannot be enjoined and that the paper will not hold in higher court.
 More Trouble Ahead
 That further trouble is ahead for the city in the viaduct problem is seen in the fact that John w. Tomlinson, represent ing number of property owners on the Southside, Is preparing a bill which will be urged before the legislature, providing that not only property adjacent to streets which are used for viaducts. or closed for viaduct purposes, may collect damages, but that any other property which is in- jured may collect damages, no matter where located.
 MT. Tomlinson said last night: Accord ing to the strict interpretation of the present law, only property fronting on these streets will be able to collect dam ages, while all the property around will be severely damaged. intend to draw these bills, and push them before the leg islature, as I think thnt every property owner should be allowed his just dam ages"
 This proceeding, as we'll as the suit which will be filed immediately by other property holders, demanding the opening will clog up the viaduct undertaking, 1t is believed.