Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-23
ROW
REEVES WITH
INJUNCTION
Destructor Company Declares 1t
Will Continue Work Despite
Courts Restraining Order,

With the signing Of an injunction
by Superior Judge Pendleton Mon
day morning inhibiting the execution
Of the crematory contract the wran-
gle over Atlanta's garbage destroyer
began anew. giving promise of con-
tempt of court proceedings and pos
sibly an airing in Recorders Court
Evins & Spence, counsel for the
Destructor Company, said work posi-
lively would continue without inter-
ruption. since Council had given his
clients permission to carry on opera
tions pending the signing of a new
contract. c. P. Goree attorney for
Mayor Woodward was equally dog
matte in asserting work must stop
and that if it did not stop immediate
ly he would go before Judge Pendle-
ton and make a motion to have
everybody connected with it. cited
for contempt
y. n. Renfroe and Others against
the City of Atlanta and Others Is
the style of the CrematOry case orig
inally tried before Judge Pendleton.
who refused to grant an injunction
stopping work The case was ap-
pealed. the Supreme Court reversing
Judge Pendletons ruling. The order
of the Supreme Court reached Judge
Pndleton Monday morning, and he
Immediately signed an injunction re-
straining further execution of the
original Crematory contract. The in
junction reads:
New Contract Not Barred.
The judgment Of this court refus-
ing to grant an interIocutory injunc-
ton in the case having been reversed
by the Supreme Court of Georgia, and
the judgment of that court having
been made the judgment of this court.
it is therefore considered. ordered and
edjudged by this court that the de-
PENDANTS, the City of Atlanta and the
Destructor Company be and they are
hereby enjOined and restrained until
final hearing of this case before a
jury from carrying out the contract
referred to and set out in the original
petition in this case and from per
forming any act under said contract
The city is not enjoined from max
ing any other contract with these
people for securing this crematory,
so as not TO violate the decision Of the
Supreme Court in this case"
Attorney c. p. Goree said the eff
feet Of this injunction would be i'm
mediate cessation of work on the
crematory. Notwithstanding that
Council, after the Supreme Court de-
cree gave the Destructor Company
authority to work on the Crematorv
pending a new contract, Mr.. Gorea
said he would have them put in Jail"
il the work was continued. When
asked who he would cite for con
tempt, he replied:
Everybody that has anything to do
with it,"
City Attorney MaysOn said the city
had accepted the court decree. and
that Council thereafter granted the
Destructor Company authority to pro-
coed, and he, therefore, saw no rea-
son why work should stop.
"Of course. no work can be done
under the old contract" said Mr.
Mayson; but, as l see it, the De-
StruCtor people can remain in posses
sion Of the ground. The decree does
not mean that Atlanta can not have
CrematOry."
Attorney Sam Evins. of Evins 4
Spence. secured a consultation with
Mr.. Goree in an endeavOr to reach an
agreement upon work pending the
new contract. Mr.. Goree adhered 20
his statement that all work should
cease.
After the consultation with Mr..
EVins Mr.. GOree said: 81 Just told
Mr.. Evins that If the DestruCtOr Com
pany continued work. it would be un-
der that old contract and that If they
did anything at all, | would proceed
against them for CONTEMPT -