The Birmingham age-herald., 1914-11-05
M'L|N IS ENDOWED FROM PROSECUTING HIS SUIT BY GRUbb WaterwOrks Go. Scores In Proceedings Before
 Federal Judge CONTEMPT CASE IS
 TO BE DROPPED Judge Makes No Ruling On This--At- torneys For Waterworks Company Have Achieved Their Purpose In
 Stopping Proceedings

Restraining order preventing Earl Me- Lin from further prosecuting his suit Tn the state courts against the Birmingham Waterworks company was granted by United States Judge W. I. Grubb at hearing held yesterday in his chambers. He made no ruling on the contempt pro- cedings against the city commissioners, city attorney, and Mir. McLin. but It is understood on the return of Walker Percy, who was absent from the city yes- terday, that they will be dismissed by the petitioners as the restraining order was the principal object of the petition.
 Borden Burr in his argument to the court contended that the allegations of the McLin complaint were proof that an attempt was being made to enforce the provisions of a city ordinance that had been prohibited by federal injunction and which was still pending in the United States court of appeals. Captain Romeine Boyd. attorney for Mr. McLin, contended that the petition filed by his client was not in conflict with the prohibitive in- Junction. The case was argued at length and many authorities were quoted. Bor- den Burr and Augustus Benners appeared as counsel for the petitioner. Captain Boyd and M. M. Ullman represented the defendants.
 Grubb's Decree
 At the conclusion of the arguments Judge Grubb handed down the blowing decree:
 Tn the District Court q the United
 States. Northern District of Alabama
 Southern Division.-Birmingham Water
 works nlai 11f 1 ,tu
 of Birmingham, ct all, respondent.-In
 Equity, No. 254
 This cause coming on to be heard lpon the motion contained in the supplement tary or ancillary bill of the complainant, filed herein on October 2S, 1914, of which 1t was duly made to appear to the court that the respondents as well as Earl G. McLin had had due notice, as well as upon the answers of certain of the re- spondents and of said Earl G. McLin thereto, and upon argument of the matter by attorneys for the parties and due con- sideration thereof by the court it is or dered, adjudged and decreed as follows:
 T. The said Earl G. McLin his attor- neys and agents. be and they are hereby enjofned pending the final hearing in this cause, from further prosecuting a cer tain suit pending in the city court of Birming~ ham, styled Earl G. McLin, complainant, ys. the Birmingham Waterworks com pany, respondent.
 All Citizens Enjoined
 ''2. That all other citizens of the city of Birmingham in the class affected by the terms of the contract of June 2, 1889, be and they are hereby enjoined and re- strained, pending the final hearing in this cause, from enforcing or attempting to enforce by suits at law or in equity or otherwise, the ordinance of the city of Birmingham, known and designated as ordinance 119-C.
 "3. The original Injunction or restrain ing order granted pursuant to the decree herein entered, dated February 8, ty1o. shell remain in full force, unaffected by the extension thereof nerepy granted
 A. The clerk shall issue a writ of in- Junction to the said Earl c. McLin in &C., cordance with this order and the com plainant may cause this decree to be pub lished by the clerk, at its expense, in such newspapers published in the city of Bir . mingham, as 1t may designate. This cause is reserved for further orders.
 Given this fourth day of November. 1914. w. I. GRTTRT
 United States District Judge"