The Birmingham age-herald., 1923-08-05
WEATHERLy SAYS SPECIAL SE SS| S|O N IF COURT ABSURD
Jitney Men Reject Uncondi- tionaIIy City'S Request For
 Early Action

Declaring the citys proposal that both sides to the jitney question con sent to a special session of the su- preme court to hear the injunction suit of the jitney men now pending to be absurd on it's face" and un- conditionally rejecting it, James Weatherly, attorney for the Birming- ham Jitney Operators and Owners association, Saturday replied to letter sent him July 2S by w. J.. Wynn, city attorney.z
 Our consenting to ,immediate hearing before the judges in vacation as proposed would only have the eff feet of our clients assenting to the wholesale destruction of their busl- ness before the election on the or dinance proposed by the jitney men, and even if that ordinance should be adopted by the people at the election, the damage already done would be irreparable." MT. Weatherly wrote to MT. Wynn.
 Wants Election To Cecfde.
 MT. Weatherly points out that the pending election will be held and the fate of the ordinance will be decided on it's own merits, apart from the prosecution and determination of the injunction case.
 ..'rhe injunction also prevents the
 
 account or at the instance of the Bir- mingham Railway, Light and Power company. from throwing out Of em- ployment several hunsred owners operators and drivers of jitney busses, as well as from denying the public the service of Jitney Dus fransportation," MT. Weatherly con tinues. ,,
 Tn his letter to MT. Wynn, MT Ueatherly charges that the city com mission Is asking the special term TOT inc benefit of the Birmingham hall- way, Light and Power company.
 Mir. Weatherly's action means that the injunction hearing Will not pe heard until the. Jefferson dlvlslon noi1 in November and that the jitneys are assured of operating without nho lestation until that time.
 Ih his letter asking that the 1itney men agree to ask for special ses- sion. Mr. Wynn said the public migh. he saved the expense O: an election and declared the question to be ot such public interest that early ac- tion was desirable. He pointed ouu tbat if had been pointed out, aiter informal application for hearing thai both sides must ask 1t.
 wynn's Latest Comment.
 Mir, Wynn, in a statement issueo after Mir. Weatherly reply nay received, severely criticized the 1ie. ,nev men for their refusal to consent to "a speedy determination or us @ .ouestion in the supreme court, ne said 1t was consistent with their a. titude from the beginning; that they had hesun on platform or delay anu were continuing such tactlcs.
 "They deliberately prefer that tne issuesF shall be elouded," he declareu' .,It makes no difference to them tnae if will be Impossible for the peopie tairlv to express their wishes at an eIection to be held while legal com nlications are involved. ., neonle may vote for one tnlns, + ignowinr that only the supreme court can give them that thin thing; with 1t pend- %si ters not that the electlon VIII haprtiva p ing legal question may be anortlNe' If matters not to them that the pup lie may be forced to spend seV1aal n5eal tbousand dollars upon useless eleG- ton t, They are considering mercy tbeir own selfish interests witnoo. regard to the interests of the peo- Ia