The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-01-28
INJUNCTION HAL is
INCREMENT Of.
CLOE' s JITNEY LAW.
Operators Attack Claims That
CompeIS Payment of Start
er and Inspector on Each
Route

Enforcement OF Commissioner w.
B. Cloe's new jitney ordinance was
halted Saturday when operators of
jitneys on the South Highland route
obtained a temporary Injunction
against the city commission and
Chief of Police Fred .McDuff. The
injunction was granted Saturday aft
ernoon by Judge Roger W. Snyder
and the writ served on Commissioner
Cloe by Henry Hill, chief deputy
sheriff. A hearing on the petition
for an injunction Will be had at an
early date.
Under the terms of the ordinance
each jitney operating is compelled
10 pay rs cents day to a starter
and inspector on each line. This
clause in the measure IS the one
most severely attacked by the drlv-
ers in their petition. The ordinance
was put into operation Friday and |
resulted in much confusion end sew
eral near fights between Idltney OPP
orators and inspectors. In cases /
where the operators refused to pay |
tags furnished by the city they were /
removed from the cars. Without +
these tags it Is unlawful for the
Jitneys to operate.
While the complaint seeking re- /
straining order names operators on
the South Highlands route only as /
petitioners, the injunction issued by |
Judge Snyder covers every line In
the city. An injunction bond in the
sum OF 800 to indemnify the. city /
from loss in case injunction should
not be made permanent was filed
by the plaintiffs
The grounds set out in the Pc
titfon in which the operators seek
10 restrain and enjoin the commits
sion and the police department from
enforcing the ordinance recite that I
the jitney operators have paid Ii
cense fee of $50 to the city for privi-
lege to operate jltneys during the
year 1923. The petition also alleges t
that the petitioners have paid theirTt
state and county licenses and the
$40 federal license fee required of {
operators OF automobiles fer hire. 1t
asserts that the operators were
threatened with arrest and loss of
the tags furnished them by the city
but paid for by the drivers unless
they paid the starter 25 cents day.
Afford Jitney Attorney
The petition for an injunction was
filed in chancery court by Horace
Afford, attorney for the jitney driv-
ers. shortly after noon Saturday.
Judge William Walker, who presides
over the chancery division OF the
sau1n Judicial Circuit was not pre-
aEt ava hA order granting tenn
rel5rs Injunction was signed by
9udge Eoset rs aarder of the civil
division. IHa 0f aiFected Hunter
ArfasIront. res tansery, to
Hs Is teaaEcta 9Ksz
soNn rs the F. 2an0
JitDsy s5s.sss ssa ~
petitioners i. KIN,
W. A. Waters, Fd G.
Wyatt b. L. Cox EzsamatanI
S. III. Pickett, =. L. 44oG 81 An
derSon, T. w. Anderson. Herbert II.
Lafhem e. c. Vault. w. C. Travis,
" Segal, r. 4. Norris and /. c. Bar
row. The respondents were D. e.
McLendon, president OF the city COM
cission OF Birmingham; W. b. Cloe.
commissioner of public safety IF Bir-
-mingham; Mrs. Mary Eehols, commits
sioner; William j. Harrison, commits
sioner; w. Il. Dickson. commi ssloner;
Pred McDuff chief of police. and
j. il. bowls, jitney starter and in
spector.
JltNey operators cldim tHdt lhe
new ordinance discrepancies the SER
vice rather than improves it. The
starter on the South Highlands line
came to work Friday at~S:30 o'clock
and quit at 4;3O o'clock, beginning
and leaving off before and after
the rush hours on the line.
1t is contended by the operators
that they have paid for a license
to operate jitaeys and that they can
rot be forced to pay starter 20
cents day. They cite the whisky
inspector case in Birmingham when,
under state wide prohibition, persons
who took advantage of the provision
permitting them to receive certain
amounts of whisky from other states
were required to pay an inspector
so cents each time they received
Liquor. This law was held unconsti-
tutional and niany persons recovered
the money they had paid out, 1t is
said.