The age-herald., 1900-01-09
THE PREDICAMENT
 OF COL. CHISOLM Question of His Fence Line Still
 Unsettled. ENCR0ACHES ON SIDEWALK City Council Must Decide the Matter Conference at Five Points Be- tween City Engineer and
 Street Committee
 
ENCROACHES ON SIDEWALK

A small town and the South Highlands were outside ohe city limits, Col. Robert Chis- holm, a worthy citizen of the Palmetto state, came to the city and established a law office. Shortly thereafter he purchased a lot and, built house at Five Points The lot was rather small. of irregular shape, with two straight and one convex sides.
 The residence he erected covered the lot with the exception of the corner next to Twentieth street. When the house had been completed and the line for a fence drawn it was found that the front steps extended almost-half across what the surveyors had designated as a sidewalk when the city of Birmingham should spread herself over the north side of Red Mountain. It was too late then to change the plans, so Col Chisolm went ahead and built his fence some eight or nine feet beyond his boundary line.
 So far, good.
 A few years later Birmingham took in the South Highlands and street improvements followed Recently the city fathers direct ed the city engineer to draw plans for a small park. or grass plot, to be located in the center of Twentieth street, at Five
 
 and to be surrounded with stone curbng. The Birmingham Railway and Electric company were instructed to remove one of the three tracks lying in Twentieth street between avenue K and Highland avenue, and also to so defect the remaining two tracks to the west to pass around the little park. The company ordered ties, curved rails, etc., and are now ready to be- gin the work of altering the track at that place.
 In stalking out the curb line City Engi- neer Kendrick discovered that Colonel Chisolm's yard fence at some points ex- tended into the street some eight or ten feet across the boundary line. Orders were given to have the fence removed, where upon Col Chisolm objected and had a peti- ton signed by all residents along avenue K, between Nineteenth and Twentieth streets, requesting the city council not to disturb his fence.
 The matter was referred to the street committee, and the city engineer was in- structed to thoroughly investigate the mat ter and report back to the council at the next meeting.
 In the meantime all work on street im- provements in that particular locality has been suspended temporarily.
 Two o'clock yesterday afternoon was fix ed as the time for the committee and the city engineer to meet and confer with Col onel Chisolm, and such citizens as felt an interest in the matter At that hour Chair man Graham, of the street committee, and John L. Chisolm, and law partner of Colonel Robert Chisolm, were present. Half an hour~iater City Engineer Kendrick ar rived, and about the same time Webb Crawford, J. D. Kirkpatrick and Judge Charles A. Senn came along and joined in the conference while waiting for the car to town.
 MT Crawford and MT. kirkpatrick ex- pressed opinion against the city forcing Colonel Chisolm to move the fence from its present line. Judge Senn expressed no opinion.
 City Engineer Kendrick stated that the curbing be placed eight or nine feet from where the fence stands and the street car company be required to follow the original plans that the track would be within one or two feet of the curbing and would leave no room for vehicles.
 MT ChisoIm urged that some way be found by which the fence could remain where it is but at the same time admitted that it was not on his fathers land
 The matter was thoroughly gone over by Mir. Graham and City Engineer Ken drick and full meeting of the committee will be held at 7:30 o'clock tonight to fur ther consider the question and to prepare a report to be submitted to the board of mayor and aldermen at their next meeting.