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MHOTMaaWHBnHlHliHBiHH . -... - -. , -i'Jt.wj.i .' 1 mm - "!w it- 1'i V 7-1" (rv ""-." TTTTrTTff I "J '7SFISVTC7VLM I I JWIIIL1U WHmMNIBlBln , - -. " ' I- -- - 'r-w-",!"; JUDGE WINDES GRANTS HEARING ON PHONE SALE COUNCIL WAITS RESULT Judge Windes announced two de cisions yeserdayjn the case of John Fitzpatrick, taxpayer- and officer of Public Ownership league, asking in junction to stop Mayor Thompson and "certain aldermen" from selling the city's rights to the automatic phone system for $500,000. After ar gument by Charles P. Schwartz, at torney for Fitzpatrick, Judge Windes said the court would follow two lines of action: 1. Motion for temporary injunc tion would be denied under presump tion "that mayor and council will do the right thing." 2. Motion is granted for hearing on whether a permanent injunction shall be granted and March 6 fixed as the date when facts and argu ments shall be presented qn the al leged "fraudulent and unlawful" con tract of sale involved in the ordinance now before city council. Chairman Lewis D. Sitts of coun cil gas-oil committee did not call up the automatic phone ordinance at the council meeting yesterday afternoon. He announced that he does not be lieve it good public policy for the al dermen to, vote on a measure while that measure is being scrutinized in circuit court under charge of fraud. John Fitzpatrick said he had no comment to make on the action of the day except that he is satisfied with city council delaying its vote till court has acted. Among those present in Judge Win des' courtroom were Frances Crane Lillie, Ellen Gates Starr, Margaret Haley, Morton Lu Johnson, Ben Tetz laff, Dr. Karl F. M. Sandberg and D. P. Riordan. Att'y -Schwartz' argu ment divided as follows: 1. Attempt is now being made to dispose of the rights and property of the city in the Automatic Telephone Co. The value of these rights and property is $6,300,000, at least The price of $500,000 is inadequate and the presumption is that it is fraudu lent 2. Approval by the city of a large competing company buying a smaller one is in violation of the anti-trust laws which prohibit creation" of mo nopolies in restraint of trade. 3. Injury will be done taxpayers through higher burden of taxes and injury ' will be done phone users through higher rates. 4. Rights of the city are jeopard ized by the proposed action of city council and therefore injunction is asked while the matter is heard. Judge Windes then asked two ques tions: "Does the bill include any de claration of the mayor that he will approve of the ordinance?" and "Are there any allegations of fraud against individual members of the council?" "The discrepancy between $500, 000, the sale price, and $6,300,000, which is the evident minimum value of the property, is the chief basis for the allegation of fraud," replied Schwartz. "Under the circumstances I think I ought to deny the motion at this time, under the presumption that the mayor and the city council will do the right thing at this time," said Judge Windes. o o LETTERS WARN DANGER TO PAS SENGERS ON LINER New York, Feb. 22. Anonymous letters, warning against taking pas sage on liner Espagne because of danger of submarine attacks, have been received by Americans intending to sail on the ship, according to re ports reaching steamship officials to day. Espagne sails Thursday. Mrs. F. Banker Hillton today made public a letter which she had re ceived. It is similar to anonymous warnings received by Americans who sailed on Lusitania and lost their lives when big Cunarder was torpe-" doed and sent to the bottom. A-A J 4 fellfiW. . 'Tim intfn . iihfTkf '! -Jft&i i'sAii in ii im.ii ihimSiiiS H HMHBMBi