Birmingham state herald., 1897-03-18
THE ALDERMANIC BOARD Hold an Important Regular
 Session.
 BEHREN'S PARK CAR LINE Again Occupies Considerable Time-Budget Reported = Ordinances introduced aud
 Acted Upon Street Improvements.

The board of mayor and aldermen met last night in regular session with the fol- lowing in attendance:
 Mayor F. V. Evans and Aldermen Wheeler, Ashford, Drennen, Rainbow, Kerr. Mcknight, Meighan. Moore, Will Hams, Graham, Hamilton, Pierce. Gray, McCartin, Harrington and Hentschel.
 The minutes of the previous meeting were read and approved. The city attorney was instructed to prepare an opinion as to the duty of the Birmingham Railway and Electric com- pany in regards to the operation of the Behren's Park car line and the same was presented later on The opinion cited other cases bear ing on the matter and also that the re- fusal of the company to further operate the line in question, would be a breach of duty to the public and a breach of contract.
 The only recourses of the city were summed up as follows:
 The city may condemn the tracks as a nuisance and cause them to be removed.
 The city may secure a writ to compel the company to operate the same, or
 The city may rescind the contract Of Sept 30. 1890."
 The mayor was opposed to the action
 
 few days at a time.
 The matter was thoroughly discussed and letter from MT. Robt. Jemison, of the company, was read. Upon motion the matter was referred to the mayor with power to act.
 Upon a suggestion from City Attorney Lowe resolution was passed in which the board expressed its belief as to whether the company was fulfilling it's contract to the city. The resolution stated that the board was informed that the company was not fulfilling the con tract.
 The matter of licenses was brought up again, and 1t was thought that by an oversight a mistake was made in the plate glass ordinance. The matter evoked a great deal of discussion and sev- eral agents were heard in discussion against it.
 Upon motion of Alderman Pierce the rate of last year was re-established. It Is $25 per annum.
 The sale of property on Park avenue and Twentieth street for non-payment of improvement tax was set aside upon motion of Alderman McCartin. The property had been sold for S20.
 The same complaints were made re garding other properties--hut-w were re- ferred to either the mayor or the. com mittees
 The report of the finance committee was read and filed. The accounts and bills were ordered paid
 Petitions from Messrs. J. F. B. Jack son and George Eustis and the Alabama National bank were disallowed.
 Alderman Pearce recommended that $16 6S5 be appropriated to pay the interest on the bonded indebtedness, which will be payable in April. The recommenda- tion was concurred in. z On account of there having been made no appropriation for the military com panies, the bills relating thereto could not be audited. The matter was left over until the next meeting and the fi- nance committee called to meet next Saturday.
 The resolution of the street committee, offered by Alderman MtCartin, that the Birmingham Railway and Electric com pany be instructed to pave between their tracks and sixteen inches on either side of same on Seventh avenue and Four teenth street, was adopted.
 Also, a resolution was adopted order ing the purchase of one car load of lum- Der to be used in repairing the bridges over the sewers and sidewalks, which are in dangerous condition.
 The petition of D. l.. Brennan that he be allowed to run beer saloon on Ave nue F and Eighteenth street was disal- lowed
 The resolutions prepared by City At torney Lowe regarding the Behrens Park line were adopted. The mayor was au- thorized to take w71a tever steps were necessary to secure the proper operation of the line.
 The light committee imported numerous complaints as to lights that are ire quently reported out. The company al lows rebate in such cases but the mayor suggested that man be employed for time to watch the lights in the city and report as to their condition.
 The light committee was instructed to investigate further and report at the next meeting.
 A great many petitions were received and referred to the proper committees
 Letters were read from the police con- mission concerning the latter's action as to the reduction of expenses.
 The recommended tion that the funeral expenses of Myrtise Bowling, the little girl accidentally killed by Officer William Perdue be paid by the city was concur red in and the same ordered paid. All derman Moore was against its payment, to pay it, and he voted mo" when the roll was called.
 Al citation against Mir. James Wealth erly for $109.70 was made final.
 Under the head of new business the matter of appointing property tax ap- tion with the county assessors, was brought up and referred to the mayor, with power to act.
 A new ordinance had been prepared and handed 10 AluerHidn rtdHlpoW, Wno introduced it by request, although he was opposed to 1t. It was: An ordinance to regulate the peddling of
 vegetables in the city of Birmingham
 Be it ordained by the mayor and alder men of Birmingham. That from and after the passage of this ordinance 1t shall be unlawful for any person or firm to peddla vegetables in this city at any time after o'clock in the morning, ex- cept upon the payment of a license of s1O for the current year and the usual license fee.
 This ordinance was referred to the market committee.
 The ordinance relating to the regu1a- ton of funerals of persons dying from certain courageous diseases was put upon its second and third readings, and final ly passed with Alderman Hsntschel vot- ing mo"
 Upon motion. the board then went into executive session.