The Birmingham age-herald., 1923-10-21
J| IN EY M [ N RESORT AGAIN TOCOURT HERE
Cause Will Not Be Carried To State Supreme Tribunal Un-
 til Last Move In County Has Been Tried And Lost
MANDAMUS PROCEEDINGS
 ALSO BEING CONSIDERED
Present Conditions Place City Absolutely In Control Of 0p- erations Of Cars For Hire, Under Its Laws

Appeal to Judge William M. Walk CT to reinstate the temporary in- junction under which the Birming- ham Interurban Taxicab corporation furctioned last Monday, and which injunction was a day or so later dis solved, is the next step contem- plated by Ralph w. Quinn and w. F, Spencer, attorneys for the corpora ton. Mr. Quinn stated Saturday.
 Also being considered are two oth CT recourses. direct appeal to the Alabama supreme court to reinState the injunction, and so insure hear ing before the state court, or the institution of mandamus proceedings az &inst the city on the grounds that it's attitude is Lnwarranted.
 It is not believed that the supreme court will be appealed to by the at torneys for the former jitney men until the last move before the circuit court and it's judges have been made, for the simple reason that rejection of the appeal by the supreme court will end any further action that might be taken by which the quasi taxicabs can legally be set in motion.
 The attitude of the city in regard to the proposed taxicab service, as announced by members of the city
 
 of respect for and sympathy With Messrs. Quinn and Spencer. but the city is more than skeptical about their clients, and it's officials have said so.
 City's Powers Broad.
 Under the law, 1t was pointed out in the city hall Saturday morning when the matter again was under fer n k,l 9 cratic control over the taxicab situa- ton, in number of vehicles, their con- dition and operators, and, can. If It sees fit, order all taxicabs off the streets and keep them off.
 Commissioner W. B. Cloe has eX- pressed the opinion that there are sufficient vehicles of this sort avail able for service now, enough to care for all needs for the time being, and the introduction of an additional company would simply tend to bring on a situation of survival of that group which could longest stand a heavy and unnecessary fiIlanciai strain Having granted the operating companies licenses to do business, the attitude of the city, as expressed, is there is no need here for more or such accommodation.
 The situation is such that the op- erating companies cannot add anoth- CT car to their service without hrst getting permission from the clty, tabs being kept on the number or vehicles by means of issuing H. ccnses, the city having the power to refuse to issue any more.
 Regardless of this, the city has adopted a report of Commissioner Cloe to the effect that the cars proffered for service by the new corporation. being the old jitney au- tomobiles of the jitney days, are, as such, totally unsuited for taxi serv- ice and are old and unsafe.
 Action by Messrs Quinn and Spen- cer for what they desire is expected to come shortly through the clrcuit court. for they have, under the law, but 50 days in which to take their petition to the supreme court ana nearly a week of that 30 days has elapsed since their injunction was dissolved