The Montgomery advertiser., 1901-08-08


 such franchise and the date upon wnlcn : such application shall be made and the person, firm, association or corpora ton to whom such franchise Is granted shall be liable for any damages inhlct- ed upon the property or abutting prop critics.
 MT. Brooks-I have an amendment. The amendment was read as follows: Amend Section by inserting after the word village in the eighth line, the following: "or if there be no newspa- per published therein. then by notice posted in three separate public places in such city, town or village
 MT. weakley-The committee asks unanimous consent to accept the amendment of the gentleman from MO bile.
 The consent was given.
 MT. Brooks-The object of that amendment is simply to provide the or dinary mode of giving notice where there is no paper published in the city. town or village.
 MT. Smith (Mohile)-I have an amendment
 The amendment was read as follows: Amend Section 4 of the report of the committee by striking out the word twenty" in second line. and in- serting the word fifty in lieu thereof. Mir Smith (Mobile)-I think the pe- rtod as fixed is too short in the inter- est of our growing communities. A ma jority of the cities and towns of Ala bama are not sufficiently large to make the character of improvements that enhance the value of property and to go to the progress of communities profita- ble to investors. Nearly all of these public improvements are put in com parative small places. with the hope Of developing those places to some ex- tent and thereby making the fran chise itself of some considerable pront. If you restrict them to a very short period of time you will make 1t dini- cult, for small places at any rate, to obtain such Improvements as lights, water works. street railways and things of that character. I think 1t Is unwise therefore to limit 1t to so snort a time as to make 1t difficult to obtain the improvements themselves.
 Taking a class of fifty seven cities, which looked into. somewhat larger than any cities we have here. and l find twenty six of them limit the fran chise to fifty years, three of them were perpetual. one was for ninety years sixteen or seventeen were thirty years and one twenty four years. So that the limit that we are placing here upon
  linita tion placed by cities of very con siderable larger population than the cities We have here. and for that req son have offered the amendment in- creasing the life of the franchise to fifty years instead of twenty.
 Mir. weakley was recognized by the Chair.
 MT. Sanford (Pike)-I desire to ask the gentleman a question. I see that some misapprehension ayyears with reference to the power to grant fran chises as contained in this section It says: "No city, town or village shall be authorized or permitted tc grant any franchise or privilege ol make any contract in reference there to for a term exceeding twenty years nor shall any city, town Or village grant any right of way over, or righ to use any street or public way or par thereof, except to the person or corpor ation offering the highest sum there for or the highest per centage or gros' annual receipts" and so on.
 Does that have the effect of granting to corporations, cities and towns. th' right to dispose of part of thu streets?
 Mr. weakley-It grants the use O the use of the streets for the purpos' of operating street car lines, Wate WOrkS, eLeCIT1C CLC.
 MT. Stanford (Pike)--Suppose the! wanted to grant the right to put building in the street, would that MT. Weakley-Nothing but publi' utility could be permitted to use th' street under this Section.
 MT. President, the question Of tn proper management and disposition municipal franchises is one Of the mos important questions before the Amer fnAa opposed to the granting of municipa franchise. in any event. for perioC longer than thirty years. will admit MT. Walker (Madison)-Will the gen tleman yield to a question?
 MT. Weakleys-Yes sir.
 MT. Walker (Madison)-Would no the prohibition cositained in this Sec tion apply to railroad proposed 10 b run through a town. so 1t could no acquire from the city for periot 'onRer than the time limit. the righ run the railroad through its streets MT. Weakley-Probably 90. l do no see that a steam railroad has an, more right to the use of a greet thai a street railway. an electric railway
 I will admit that an examination o the length of franchises granted to tn various public utility corporations b. cities of the United States will disclos the fact that the majority of thes franchises are granted for consider able length of time. There is fran chise granted to street railroad Il the city of New York that has severa hundred years yet to run, but tn tendency of modern times Is for tn public to retain control of the street and public ways of the city as Ia as possible and the question Is wha length of time would 1t best suit tn interest of the public to part with tn control over their streets.
 have taken occasion, since this mat ter came before the Committee, to mak Investigations, and l find that 1t Is tn unanimous opinion of the mayors 0 twenty-five leading cities Tn the Unite states that the length of franchis ought not to exceed twenty-five 0 thirty yea <. and a great number c those peo' go so far IS to say tha there shou be reserved to the city tn right of req, 'usting this franchise d the end of cry ten years
 It used to the case, gentlemen ( the ConVentio . that these franchise were given awi y. and believe 1t is tn case in Alabama today.
 MT. Boone-Except in Mobile.
 MT. Weakley-I believe the gentle man says except Mobile, but If req the paper from the city of Mobile arigh 1t Is proposed that the Street Railroa in the city of Mobile shall have i; franchise so extended as to expire eigh years from this time and in considera Tiop of tha grant to nSa the streets b