The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-05-28
SUPREME COURT
LIKELY TO GET
PARKING issue
Action Deferred For Week
By Mutual Agreement
Tuesday
EAST LAKE FORCES
GET SIGNATURES
Street Railway Planning
Fight Regardless OF
Outcome

The deadlock between East Lake
citizens and the Birmingham Eiec-
trio company over the proposed
parking of the car tracks on First
avenue, will go to the United States
supreme court for final decision,
according to predictions made after
the Tuesday session Of the city COM
mission.
Judge Horace Wilkinson, repre-
senting the anti-parking and pro-
paving forces, presented petition
containing more than 10000 sig
natures, asking q city-wide vote on
the issue. BY agreement, the COM
mission deferred action for week
and laid plans for q further confer
ence between street railway Off
cials and East Lake citizens IN the
meantime.
Judge wilkinson said East Lake
property owners would prefer to set
lie the controversy amicably, but that
unless quick settlement followed the
move for an election would be pressed.
Discount Election
To this, Commissioner w. l.. Harri-
son replied that an election would not
solve the problem, since the street car
company, resting its case on the origi-
nal agreement with the commission
when jitneys were removed from the
streets, would appeal to the courts in
the face of a popular vote opposing
marking Of the carTtracks. Harrison
predicted thatea long legal hattie would
result that finally would find it's way
into the highest court Of the land.
The proposal to try. to reach a
mutually satisfactory compromise be-
fore next Tuesday did not appeal to
Commissioner Harrison. He said he
had recently sounded out the company
and learned that it did not intend to
compromise.
WELL" said Judge Wilkinson, 1--WE
will wait a week and see what takes
place. After that, we will press for
an election and fight this issue to the
finish"
Looks For Compromise
1t had not been determined Monday
night when the next conference would
be held. President d. Z. McLendon
expressed the hope that some kind of
compromise" would be reached.
Commission members and officials of
the street railway corporation were sur
prised at the strength displayed by the
East Lake protestantss 1t had been ex-
pected that the required 5000 names to
call an election would be hard to get,
but Judge Wilkinson's petitions had
this number of signatures and more
than 5000 to spare.
The impression prevailed that an
election would end in an East Lake
victory. The electric company then
would 90 into court to prevent the multi.
fication of its original agreement with
the commission, which provided that
the car tracks from Forty-first street to
East Lake should be parked.
Hot Fight Predicted
Such a suit would raise a number of
interesting questions and would be one
of the most hotly contested court bat
ties vet. seen in the state, in the view
of city officials. One question for the
court to decide would be whether the
people of Birmingham, in an election,
have the right to veto an agreement
signed up by their representatives on
the commission. The East Lake forces
take the position that the people are
sovereign and have this right. The
street railway company will contend
that its 'iron-clad agreement" with the
commission il iuviolate.
Little hope for settlement or COM
promise of any kind during the COM
ing week is held out by those in closest
touch with the situation.