The Birmingham age-herald., 1912-04-25
SHARPE RULES ON TELEPHONE CASE Refuses to Grant Further
 Continuance of Matter SUIT IS WITHDRAWN Thompson & Thompson State, How ever, That Fight Will Be Con
 tinued to Prevent Consumma-
 tion of the Project
 
SUIT IS WITHDRAWN

After a length argument by counsel Tor both parties Judge H. A. Sharpe or the city court, refused to grant further continuance in the suit of T. A. Daven- port vs. the Peoples Home Telephone company and the Southern Bell Telephone and Telegraph company in which the complainant seeks preliminary inJune- ton to restrain the Peoples company from selling it's properties to the Southern Bell company and the petition was Withdrawn.
 The sale has been sanctioned by the board of city commissioners of Birming- ham who ordered the franchise of the Peoples company annulled and it's con- tract with the city vitated on the con- dtion that the telephone people file a suitable bond with the city to protect existing telephone subscribers. They also allowed the company tc sell it's physical property to the Southern Bell company by the 1st of May.
 The petition for the injunction was filed early in the month by Messrs. Thompson X Thompson, representing MT Davenport in which it was alleged that the proposed sale was the result of an agreement entered into by the two tele- phone companies previous to the sur render of the franchise of the Peoples Home company and alleged that frau dulent system of bookkeeping had been used by them to mislead the special audi tor employed by the city to investigate the financial condition of the company.
 The case was called Wednesday morn ing before Judge Sharpe. Mr. Thompson for the complainant asked continuance on the ground that further time was necessary to look into the answer to the petition filed aby the counsel for the com pany Walker Percy, attorney for the Home Telephone company. objected to a continuance, insisting that further delay was unnecessary, claiming that there was no equity in the bill or right of june ton.
 MT. Percy called attention to the fact that the board of city commissioners had after much discussion and newspaper publicity, declared the franchise of the Peoples Home company cancelled and annuled effective May 1st. He called at tentioir to the fact that the matter was discussed several times before the city commissioners and that no objection had been raised either to the surrender of Its franchise or the sale of it's property
 1t was pointed out that under tho action of the city commissioners the poles and other property of the com pany would have no right on the streets hfter May 1.
 Mr Thompson replied by stating thai to properly answer the demurrer filed Ly the attorneys for the Peoples Homs company would require time and asked for a continuance until next week.
 At the close of the arguments Judge Sharpe decided that there was no good reason for q further continuance and that the application for preliminary would have to be disposed of. Messrs. Thompson and Thompson withdrew the petition for the inJunc- ton. It is understood they will file new petition next week and that they will continue their fight against the consummatlon of the project.