Birmingham Gas Co. v. City of Bessemer

GARDNER, Chief Justice.

The appeal by the Birmingham Gas Company is from a decree of the court below dissolving the temporary writ of injunction heretofore issued.

The bill sought to prevent by injunctive relief the City of Bessemer and its commissioners from the holding of a referendum election concerning a city ordinance granting to the Birmingham Gas Company a thirty year franchise contract.

The referendum statute is to be found in Title 37, § 60, Code 1940, wherein is the provision that during the time intervening between the final passage of the City’s ordinance and the expiration of thirty…