Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-23
CREMATORy ROW
REEVES WITH
INJUNCTION
Oestructor 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
Dsstructor Company. said work posi-
lively would continue without inter
ruption since Council had given his
clients permission 70. carry on opera
ions pending ire 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 II" cited
for contempt
j. y. 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-
strsining further execution Of the
original cremstory 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
IL is therefore considered, ordered and
sdjudsed by this court that the de-
PENDANTS tho City Of Atlanta and the
Destructor Company, be and they are
hereby enjolned 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.
90 as not to violate the decision Of the
-.
Attorney c P. Goree said the ef-
feot 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 Destruotor Company
authority to work on the crematory
pending a new contract, MIR. Goree
said he would have them put in Jail"
II 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
iNhN AbuilNll thereafter granted lne
Destructor Company authority 20 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 / see II, 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 "a
mis- statement that all work should
cease.
After the consultation with Nj
Evins Mr.. GOree said; Il Just toli
Mr. Evins that II the Destructor Com.
pany continued work, II would be UNI
der that old contract, and that II they
did anything at all ! would proceel
against them for contempt"