The Birmingham age-herald., 1921-10-23
COMMISSION GETS
 REPORT FROM CITY. ATTORNEY'S0FF
Great Majority of Cases Han- died By Municipal Legal Department Have Been
 Won In Court

partment of the city for the period from July 1, 1918, to October 1, 1921, was submitted to the city commission yesterday by the city attorneys office. The present city attorney, Fred G. Moore, assumed office as city attorney on July l, 191S..
 Claims filed against the city dur ing that period total s7ls,747o. The amount claimed in suits filed against the city is s3S7.25,4s and the amount claimed in suits filed against officers / is se5,S25.50. Suits filed against of- ficers are as follows: Five eases against J. D. Bowling, health officer. claiming damages Lotaling $9V.00U. H. M Grubbs vs. Officer Giles, s2u,- 600. E., M. Grubb, pro ami, .$2O,OoO. c. F. Nix vs Joe M. Nix, officer In the health department, Sll3.so. WtI- liam Rosenfeit vs. Chief of Detec- , tives George J. Lyons, $500. J. M- Baynss ys. B. W. Taylor. assistant fire chief, $212. GeoAge Crittenden. pro ami, ys. James l.. Aiken, assistant fire chief. s5.o00.
 The cases disposed of and pending | in various courts are as foiloWs' III | the supreme court of Alabama, l2 cases have been disposed of, eight | of which were won and four lost. 1 Two are pending. Court of Appeals, nine cases disposed of, seven won and | two lost. Included in the list Of cases won is one case dismissed for want of prosecution and one case dis missed by the appellant. There are no Applications in cases disposed Of in the appellate courts.
 l Circuit Court
 | Circuit court, civil division, 65 cases disposed of. 54 won, II lost l Cases pending, total 197. Included | in the list of cases won are IT cases dismissed for the want of prosecu- ton, but many of them of long stand 1 ing. Included In the number of l banding cases are 143 appeals from Judgment of confirmation of public | improvement assessments. " being 1 appeals from assessments on l Avenue F.
 Circuit court, equity division. 2e cases disposed of, l6 won, lost. and | three settled by agreement. There are 13 cases pending in this court.
 Federal court, George c. Kelley vs. | city. suit for s12,700, was dismissed for want of prosecution. Motion for reinstatement pending. City vs. Louisville and Nashville railroad ct al. Suit to remove obstruction from Nineteenth street. Judgment for de- fendants Appealed to United States l court of appeals. In this case the city Is also represented by special counsel employed and paid bA inter
 ested property owners.
 1 Municipal court, civil division, has disposed of six cases, all six Of
 which were won.
 Municipal court. criminal division.
 two cases against J. D. Bowling.
 health officer. lost These cases l appealed to the circuit court and
 won.
 Judgments recovered in favor or
 the city and collected totaled ESQ., 455.73. Judgments recovered by the l city but not yet collected are against the Birmingham Realty company. improvement assessment for $lo,-
 s5s.67: against Jefferson county for one-half of the county road tax. $s.-
 429 84. and against the Tidewater
 Railway company S4117s.
 The total judgments against the
 city and paid amount to s9.s1S.70. Ap-
 peals filed since January l. 1919, in
 the circuit court, criminal division,
 total 2.I20; cases pending at that time
 were S94 Cases disposed of since
 January i, 1919 are 1,612.
 In the probate court IT cases of | condemnation were disposed of. In-
 cluded in these cases are condemna-
 tion proceedings to acquire part Of
 the auditorium site, part or the
 Central High school site, part of
 the woodlawn High school site and
 the Wylam school site, as well as con-
 dennation proceedings for acquiring | property for street and sewer pur-
 poses. Claims paid through the city
 attorneys office wore 16 cases
 amountink to s2.6S6.52.
 AIabaAaa Public Service Commission
 Petition of city of Birmingham l against Southern Bell Telephone and
 Telegraph company for reduction in telephone rates. Petition denied. This
 petition was filed under the preced-
 ing administration. Il Petition of Birmingham Railway } Light and Power company to increase , steam heat rates. Petition granted
 amounting to less than half those
 asked for. Birmingham Railway, Light ant
 Power company petition to discon. tinue freight service. Granted. } Southern Bell Telephone company . petition to continue wartime ~tele- : phone rates. Granted.
 , Birmingham Railway, Light anf Power company petition to increase
 street car fare to six cents. Granted !. by consent of city.
 Birmingham Railway, Light ant Power company petition to increase street car fare to seven cents. Grant ed
 Birmingham Railway, Light end Power company petition to increase
 street car fare to eight cents and two cents for transfers. Granted, bu | company ordered to sell 15 tickets
 for $1.
 In all the petitions of the Birming'
 ham Railway. Light and Power com
 pany to increase street car fares. tht
 city has been represented by specia
 counsel, who has had exclusive charg,
 of these cases.
 The report includes large field Q
 activity of this department, such al
 public service corporation litigation
 the preparation of ordinances ant | resolutions; opinions on various Ques tions of law and administration, botl verbal and written; conferences ans consultations with the Ocommi ioI and individual commissioners, off cers and employees. the board of edu cation and members thereof. tn superintendent of schools. and privat
 citizens concerning every phase o
 municipal government; tho examina tion of abstracts of title, preparation M nf nnttone dAada