The Birmingham age-herald., 1923-09-14
UTNEYS TO QUIT AS INJUNCTION
 IS DISSOLVED
(Continued from I-afe one)

lHe course OF Ihe controversy, did not hesitate to sign the request that the injunction be annulled, thus Keeping faith with the agreement.
 The order issued by Justice Gard ner annulling the reinstatement of the injunction is, in part, as fellows: Justice Gardner's order.
 "It is hereby agreed by and be- tween the appellants and the appel lees in the above entitled cause. by and through their respective attor- neys of record, that an order be made in the above entitled cause, either by the court or by Justice Gardner, to the following effect:
 "The parties appellant and appellee consenting thereto by written agree ment of counsel of record filed in the supreme court, it is hereby ordered that the order of Justice Lucien D. Gardner, dated July 20, 1928, rein- stating the temporary injunction in this cause pending the appeal of the the same Is hereby vacated and an- nulled, effective of midnight, Sep tember 15, 1923.
 "This the Sth day of September,
 1923. PROSCH & PRoSCH, Leading Attorneys of Record For
 Appellants, Compliments in the
 Court Below.
 "w. J. WYNN,
 "W. A. JENKINS, Attorneys of Record Fer Appellees."
 ''In accordance with the foregoing agreement of counsel in this cause, which agreement is filed and of rec ord in this cause, it is ordered that the order made and entered by the undersigned bearing date July 20. 1923, reinstating the temporary in- junction heretofore issued in this cause, be and the same is hereby va cated and annulled, effective of mid night, September 15, 1923.
 Done at Chambers, this 10th day of September, 1923.
 'TUCIEN D. GARDNER, Associate Justice. Supreme Court" Announce Quitting Time.
 R. w. Quinn and w. F. Spencer, the most recent lawyers representing the jitney men. appeared in the city legal department Thursday and announced that the jitney mon would quit op- eratiCn Saturday night Wednesday they had asked for an extension of time for the jitneys, but when the city's lawyers called in President D. E. MoLendon of the city commission and took the matter up over long dis tance telephone with Commissioners w. l.. Harrison, who is in Montgom- cry, the two members Of the board declined to approve Of the extension. saying the citizens had expressed their will in the matter, expected the jitneys to quit, and saw no reason for further continuance. Prior to Thursday, these lawyers were un- aware that the injunction had been annulled. The city's lawyers with held the Information because, as MT. Wynn said: the city did not have to expose it's hand until it deemed such action advisable"
 MT. Jenkins handled the action that brought about the dissolving of the agreement. Last Saturday he ob- tained the signature of MT. Prosch to the request, as had been agreed in earlier discussions, and went to Mont gomery Monday, where the subject was presented before Justice Gard ner, who took the action already stated.
 Mr. Jenkins made several matters clear Thursday in regard to the pass ing of the jitneys. He said:
 'Immediateiy following the meet ing of the jitney owners just after the election I called James Weath- erly on the phone and asked him whether or not the report carried in the morning paper was correct to the effect that tho jitney owners had unanimously voted to authorize their attorney to carry out the agreement dissolving the temporary injunction, effective September Is. He stated the report was correct and we could de- pend upon its being carried into ef- feet.
 "wednesday, last. after noting newspaper articles indicating there was dissension among the jItney men on this question, I called on Mir. Weatherly in person In his office and in reply to my inquiry AS to whether or no. he. was in position to sign a written agreement to be filed in the supreme court authorizing a dissolu- ton of the temporary injunction. as previously agreed upon, he informed