The Birmingham age-herald., 1923-09-14
QUIT. AS INJUNCTION
 |S DISSOLVED.
Justice Gardner Vacated Or
 der Monday At Request Of
 City And Buss Attorneys, It Is arned By Age-HeraId
IS GIVEN PROSCH
 ASSISTING ACTION
uction Of Street Car ares To Be Asked At Capi- toI Monday = Settlement Ordinance Effective Sunday

Annulling the reinstatement of the jitney injunction. putting the settle ment ordinance into effect next Sun day and reducing Birmingham street car fares next Tuesday morning were matters that kept Birmingham city officials busy practically all of Thursday, especially in the legal de- partment, where Assistant City At torney W. A. Jenkins, who handled the matters in the main, for the city, was up to his eyes In work all day
 Upon the written request of At torney G. J. Prosch of Prosch S Prosch, representing the Jitney Mems association, and MT. Jenkins representing the city of Birming- ham, Justice Lucien D. Gardner of the Alabama supreme court Monday issued an order vacating and an- nulling the reinstatement of the jit- ney injunction, which restrained the city from enforcing the settlement ordinance.
 Supreme court consideration of the constitutionality of the settlement ordinance is not affected by the decapitation of the injunction. The attack on the ordinance may only be considered further upon the fiI- ing of brief. Attorneys say pos- sible opinion may be expressed, mainly for it's value in reference 10 ON~SN'-
 Ordinance Effective sunday.
 With the injunction dismissed from further consideration, the settlement ordinance begins to func- ton with the close of Saturday as set out in the instrument
 The going into effect of the ordl- nance. with the jitney question settled by their removal from the city as means of transportation, brings about the reduction of street car fares. This phase appears be- comm ssion next Monday. It is nec- essary for representative of the Birmingham Railway, Light and Power company and representative of the city of Birmingham to ap- pear before the commission and re- quest reduction of fares. Official ac- ton is expected to be a perfunctory approval of the agreement that will give Birmingham books of six-cent tickets and officially place cash fares at seven cents. Official mo- tice must come from the commits sion before the reduced fares can he put in effect.
 City Attorney W. J. Wynn and MT. Jenkins have held conferences from time to time with the several sets of lawyers that have been employed by the jitney men, the last group having visited the legal department Wednesday and Thursday. Seeing the case literally out of their hands Thursday, they left any statements to be made to the citys attorneys.
 Both MT Wynn and MT. Jenkins co mmended the opposition lawyers, who agreed to abide by the agree ment to let the ruling on the injunc- ton decide the question, and for the Jitneys to quit operation September 15, even though unaware the injunc- ton had been annulled
 Regardig G. J. PrCsch, the ctty's s lawyers said he had acted through out in all good faith and, never hav- ing been notified that his legal serv- ices had been superseded by others and therefore legally the represen- tative of the jitney men all through
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