Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-24
WRIT STARTS
CREMATORY
SQUABBLE
AFRESH
Destructor Company Declares It
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-
ruptlon, since Council had given his
clients permission to carry on opera
lions pending the signing of 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
~ he would go before Judge Pendle-
ton and make a motion 10 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 Pendleton's ruling The order
Of the Supreme Court reached Judge
Pendleton 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 interlocutory 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,
1t 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
Anal 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 crematory
pending a new contract, Mr.. Goree |
said he would have them put in Jail" !
If 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 |
lildA COuIlCli 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 I see it, the De-
structor people can remain IN posses
sion Of the ground. The decree does
not mean that Atlanta can not have
a crematory."
Attorney Sam Evins, Of Evins & |
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. Il just tol1
Mr. Evins that II the Destructor Com.
pany continued work. it would be I'M
der that old contract, and that II they
did anything at all. I would proceed
against them kor contempt"