The Birmingham age-herald., 1921-08-28
FIGHT STARTED ON
 E|GHT-CENT FARE
 IN CIRCUIT COURT
Petition to Restrain Company From Collecting Increased Fare Makes Attack on
 Public Utility Bill

Seeking to restrain the Birning ham Railway, Light and Power company from collecting the Scent fare and transfer charge, petition for an injunction was filed in the chancery division of the circuit court yesterday by the city of Birming- ham through its attorney, Walter Brewer assistant city attorney, and Forney Johnston. A plea for the reinstatement of the 5-cent fare pro vided for in the terms of the fran chise granted in 1900.
 This petition is an attack on the public utilires bill which has been contemplated by the city for sev- eral months. and will test the con stitutionality of the utilities act.
 Alternative relief is provided for in the petition, five claims being set . out which include a prayer tor D. cent car fare. teh claim that the franchise should be declared void, and ii found to be in effect, then the company SnOulu pG uIueTtu u Spih- ply with its terms, and upon fail ure to do so, a decree be entered de- ciaring the contracts and franchises iorIeluted and that the respondent company be restrained from and en- joined from petttloninE, initiating or otherwise directly or indirectly put ting in motion any order or consent Of the Alabama public service com mission inconsistent With franchise terms and conditions.
 Fivc-Cent Fare
 According to the allegations of the petition the company was granted d franchise to construct and operate d street railway along the streets of the city of Birmingham September 20, l9VV. 1t is pointed out that a basic term and condition on which the consent of the city was given to the construction and operation ot the street railway was that the Bir- mfngham Railway, Light and Power company, it's successors and assigns, should not charge lare exceeding b cents from any point on teh lines To another point on the lines within the existing 6-cent fare limit and that free transfer should be granted to all passengers paying cash fares of cents within the scent limits.
 It IS alleBeo lidt oii JdhuoiS ~N' 1913, the American Cities company owning or controlling majority Of the capital stock of the Birmingham Railway, Light and Power company instituted a general creditors suit in the United States court, asking that a receiver be appointed.
 Following the filing of this suit Lee c. Bradley was appointed re- ceiyer and since that time has con tinued to operate the street railway of the company.
 Public Utilities Act
 The adoption by the legislature Of Alabama of the act known as the Alabama public utilities act in 1sls the complainant alleges that 1t IS in- formed and believes that this act was drafted in whole or in part by or at the instance of the responder! company, and the passage of which was urged before the committees ana < members of the legislature by the respondents.
 The petition recites that in pur- suance of proceedings thus affirma- 2 lively instituted and inaugurated by ' respondent, resulting in an order py the Alabama public service commls- sion of an advance on August l, lszl' , and since that time the respondent | bas charged and collected cents for E cash passengers for each ride ana transfer charge of 2 cents Tor eacn passenger. ,,,,. The petition is signed by J. Ellis Brown, commissioner of public utiH-