The Birmingham age-herald., 1912-11-22
SUIT ID RECOVER
 TAXES FOR MOBILE City Commissioner One of
 the Defendants CRUISER IN HARBOR
Liverymen Ask Injunction Against City 0fficials-Libel Suit Filed by Lumbermen Against
 Steamship Men

Mobile. November N.--(Special.)-To re- cover s700 and interest alleged to be due the city of Mobile as rent for the wharf at the foot of Eslava street, City Attor- ney B. B. Boone filed suit in the city court Thursday morning against the Mo bile Fish and Oyster company, Of which City Commissioner Pat J. Lyons is treas urer. The defendant company, it is al- leged has been using the wharf since August l. 1910. without payment of rent at the rate of s25 a month, as agreed to in a lease executed in 1910. whereby the city leased the wharf to the Mobile Fish and Oyster company for the term of five years.
 petition asking for a writ of injunc- tion against Pat J. Lyons. Laz Sehwarz. Harry Pilland and City Health officer c. A. Mohr, restraining them from enforcing the ordinance regulating the construction and maintenance of stables or sheds cows are kept, was filed by Attorneys G. L. and H. T. Smith. representing Wade Orr. a stableman doing business in North Royal street, Thursday in the chan cery court. The petition also asks that the defendants be restrained from at tempting to arrest the plaintiff. All of the liverymen and stablemen in Mobile are behind this move and have made of 1t a great issue.
 The petition states that the ordinance is void insofar as it appertains to the lay ing of cement floors in stalls and stables. and that if the stable owners were com pelled to use such floors they would have to go to great expense to secure other quarters while the stable fsors were being rearranged.
 Attorney H. T. Smith, who filed the bill for the plaintiff, contends that the ordi- rance is unconstitutional, as it is a viola tion of the fourteenth amendment to the constitution of the United States and denies equal protection
 The attorney contends further that the ordinance as passed is unreasonable, as there can be no sanitary distinction by allowing owners of one horse or one COW to build stables or sheds without cement floors, while the owners of two or more such animals must comply with the ordi- nance.
 
 To spend two weeks in Mobile, the United States cruiser Des Moines will arrive in the harbor November 2e, accord ing to announcement made at the United States custom house today. The Des Moines has a tonnage of 33O0, carries 1S of- fieers and 279 men. The vessel is now at New Orleans.
 City Attorney B. Boykin Boone stated Thursday that suits will be filed within day or two, or other proceedings insti- tuted, by the city to recover about s15,0O alleged to be due in delinquent taxes by the Battle company.
 The sum named is exclusive of city and special taxes that will be due December of this year. The taxes which the city will sue to recover represent taxes ai- legged to be due from 1908 to the present date
 Libel action was brought against the American steamship Bayanfon by Hugo Forshiemer, Gulfport lumber exporter, at that port Wednesday, according to adyices received here today. The, suit asks damages in the sum of $S2, 900. u is alleged that the master of the Bayamon failed to give libellant bill of fading for the cargo of lumber which was valued at s27,000 Papers in the suit were served or the first mate of the steamer at Ship Island. The Bayamon is we'll known here, having made several visits to this city port. She cleared for Wilmington, Del, Tuesday.