The Birmingham age-herald., 1923-11-28
NTERURBAN TAXI CASE IS TAKEN UP
Appeal Of Second Organiza- ton On Preferred List And
 Early Decision Likely
STATE CAPITAL BUREAU ]
 THE AGE-HERALD { Montgomery, Ala. Nov. 27


 The supreme court of Alabama, be- from the sixth division, dismissed the appeal of the Jitney Owners and Drivers association, taking In con nection with the legal fight this or ganization has been waging against Birmingham ordinance.
 The appeal of the Birmingham In terurban Taxicab company against the city also was taken up and short arguments submitted by opposing counsel. Immediate action by the court was urged by ". J. Wynn, city attorney of Birmingham. representing the municipality. MT. Wynn inform ed the court that while this appeal was nending the hands of the city were tied, it's laws going Jnenforced Tn spite of the result of the election last summer when the people of Bir- mingham voted 40 to 1 in favor of a proposition which was tantamount to banishment of the jitneys MT. Wynn further stated that many jit- neys were still operating under the guise of taXicabs, and under the cloak of the Birmingham Taxicab company.
 It was stated by Chief Justice John C, Anderson of the supreme court
 
 TaXicab company would be put on the preferred calendar. Since this is done there is possibility that a decision may be given out by the high court in ten days.
 After the passage of an ordinance by the city of Birmingham requiring a heavy bond from the operators of iitncy powers an injunction against the citys putting this law into effect D hN 1a nf litney men. This injunction was dissolved in the trial court, but was reinstated by Associate Justice Gard ner of the supreme court, pending an appeal taken by the jitney associa- tion to this court.
 It is claimed by the city of Bir- mingham that the Birmingham h. terurb3n TaXicab company is evad- ing the law by operating a number of autos IS jitneys under tho guise of taxica bs. It. secured a temporary Injunction against the company, which was dissolved, but an appeal was taken to the supreme court and Associate Justice Miller of this court reinstated the injunction pending the result of the appeal.
 The taXieab company was repre- sented before the supreme court by W. M. Spencer and Ralph Quinn, as- - sisted by Judge Thomas c. Mcclellan former associate justice of the su- preme court. W. J. Wynn, city at torney, appeared for the municipal- lty Of Birmingham.
 WYNN WELL PLEASED
 City Attorney w. J. Wynn salt Tuesday night, when he returned from Montgomery, where he had ap- pearcd before the. supreme court oi Alabama, that he believed the jitney- taxi question would be settled within ten days ors two weeks to the satis- faction of the~ city of Birmingham
 There are two or three branches O. what might be called jitney litiga. tion, MT. Wynn said; the old, origi nal case was the appeal of the Jit- pey Owners and Drives association against the city. The supreme court dismissed that appeal Tuesday. That case involved the validity of the present jie9ey ordinance on many points so tt$fssthe decision dismiss ing that appeal practically settles the Validity or the jitney ordinanc, in it's entirely. It covers that par of the settlement ordinance relating to jitneys.
 The case of the Birmingham Inter- urban Taxicaz- company versus the