The Birmingham age-herald., 1924-10-26
90 DAYS ARE GIVEN
 TO COMMENCE WORK
City Confident Of Win- ming Fight, Attorney
 Declares
COST OF PROJECTS
 AROUND $3,OO0,O0O
First Move To Be Temporary Restraint From Terms Of
 Ordinance

The railroads have decided to make the Tinted States court the battle ground Tn their fight to block the grade crossing relief plans adopted last week by the city commission, according to lns formation reaching the city hall Satur@ day.
 Their attorneys are now preparing ln- junction petitions which declare that the demands made by the commission 1n Its ordinances are arbitrary, unreasonanle and confiscatory." It will be charged that the city acted without proper au- thority and without due process ot law.
 The carriers have the right to carry their fight into federal court instead of the state tribunals on the ground of di@ verse citizenship. Indications are that the first proceedings in the fight will be filed with Federal Judge w. l. GruDD.
 In view of the fact that the city gave the railroads 90 days in which to begin work under the ordinances, the munici- pay legal department looks for no action until the time limit has almost explred'
 Delay Is Sought
 Delay is one of the things the rail. roads want" said City Attorney W. J. Wynn, and this leads us to believe that they will not begin their court fight until the last minute" Wynn said a fight in the federal courts probably can be finally decided sooner than a state proceeding. No mat ter who wins the opening skirmlshes, the case will ultimately reach the Jsus preme court of the United States. he said
 Mir. Wynn and his assistants held conference Saturday and studied the legal phases of the situation. so as to be fully prepared when the railroads hit back at the citys ordinances. These or- dinances require underpasses at Four teenth, Eighteenth and Twentieth streets and a viaduct at Twenty fourth street. Actual cost of construction of the four projects is estimated at $916,- 900, but track elevation and street de- pression work will run the grand total past the $3,O00,0O0 mark.
 From the investigation we have made,' said City Attorney Wynn, T have no doubt that the city will win this fight"
 First Move Seen
 The railroads first move, according to reports, will be a petition to Judge Grubb for temporary injunction to re- strain the commission from forcing them to comply with the terms of its ordi- nances. An early hearing on this in- junction will be set, and if it is made permanent, the city will go to the higher court. If it is dissolved, the railroads will file an appeal.
 If, for any reason, the railroads should change their present plans and bring their injunction suit in circuit court, the state supreme court would have to pass on the case before it could be sent to the United States supreme court. This might require few weeks longer, all told, than a proceedina which was started in federal court.
 City officials realize, they say th5t the carriers are making ready 0 fishs the ordinances to a finish. A sdv.f tisement inserted in newsp pe,s last week by the Louisville an AsshF,'e railroad, urging the public not to lor in the movement to saddle ,ppressNk legislation" on the railroads, aroused comment at city hall. President McLen- don said this advertisement bore all the earmarks of fight by the roads to hit back at the commission and capture public sentiment in their favor.