The Montgomery advertiser., 1901-08-08

l the contract provides that the price | thousand.
 | Mir. Dent-I would like to hear the construction of the Committee upon | this proposition. You provide here "here shall be no right of ways grant ed by any city to any corporation ex- cept the one offering the highest sum therefor. or the highest per centage of gross receipts. Would not that pro- vision prevent a city from granting a right of way to a railroad.
 MT. Weakley-Yes sir, unless paid something for the street l M. Dent-And suppose a railroad was ir any town and ano her was com ing there that would be a rival road wouldn't that road in the town be bet ter able to pay for the use of streets than the new read, and wouldn't 1t cut it off?
 Mr. weakley-I presume the new road would buy it's right of way. MT. Pitts-Section, in the ninth line, "the firm, association or corporation to whom such franchise is granted shall be liable for any damages inflicted upon the property or abutting properties
 Mir. Weakley-property of abutting proprietors, that means.
 Mir. Pitts-I would like to ask the gentleman If that wouldn't prohibit electric railways on the streets. Mir. Weakley-No ST, I think not.
 MT. Pitts-Would it allow a man who owns abutting property to claim dam ages for use of the streets. Don't you think that would prevent electric cars from going on to--
 Mir. Weakley-I do not think it means that.
 Mir. Pitts-what is the damage to abutting property.
 MT. Weakley-The gentleman under stands the Supreme Court decided that the operation of street railroad is not an additional burden of servitude, but the gentleman must bear in mind that ft frequently happens that street rail- road in constructing its lines will con- Struct them without regard to the property upon which it abuts and so construct the road by placing 1t too rear the sidewalk or otherwise, or by changing the grade as to damage to the property of individuals,
 Mir. Pitts-On the street.
 MT. Weakley-Yes sir.
 MT. Kyle-I would like to say that
 we have case in point. The Chatta- nooga Southern Railroad is arranging to build line from Gadsden to B.rm-
 ingham, through Oneonta, going
 through our town. Now how will they
 get through there if they cannot get a
 charter for more than twenty years.
 You say they shall not be granted for
 more than twenty years
 MT. Weakley-This Section says tha:
 the city authorities shall not grant the
 use of its streets more than twenty years.
 MT. Hood-Carrying out further the question of my colleague, there are four other railroads there. Suppose ir
 nooga Southern Railroad, these
 railroads should bid higher than
 the Chattanooga Southern Railroad for te right of way how would the Chat
 tanooga Southern ever get through?
 MT. Weakley-I do not know that
 can answer that proposition. MT. Hood-Might not this proposition
 prevent competition? For instance, ir .. electric light plants and street rail-
 roads. one being already located and
 having great advantage over the |, proposed one and thereby having { ' great advantage in this competition ,, The President-The time of t.!e gen. tlemaA from Lauderdale has expired
 MT. Vaughan--I have an amendment The Secretary read the amendmen
 as follows: Amend by striking out al after the word and where 1t appear. 3 the last time on line nine" . MT. Vaughan-I simply want t amend the section.
 , The Presidential is not in order o There Is an amendment pending to ex r tend the time fifty years.
 MT. Naughan-I desire to mend that !, The President-The amendment | ,, not in order unless the gentleman de
 sires to amend the amendment. MT. I move that Section 4 anC l
 table.
 a Upon vote being taken there wer, [ F ayes and 35 noes and the section f and amendment were laid upon tn table.
 V The Secretary read Section as fol 1 lows:
 | Section 5. No street railway, gas = water. steam or hot water heating, tel ephone, telegraph. electric light O
 power company within a city, town O
 village shall be permitted or author f ized to construct it's tracks or main or erect its poles. posts or other appa Q ratus or string it's wire upon the same f along. over, under or across the streets d avenues alleys or public grounds o f such city, town or village without tn ? consent of the proper municipal au f thorities of such city. town or villag v being first had and obtained. n Mir Weakley-I desire to withdraw
 Section and offer a substitute l. f that
 e The Secretary read the substitute a V follows:
 Q Amend by striking out Section am Q insert in lieu thereof the following: = Section 5. No person, firm, associa . ton or corporation shall be authorize n or permitted to use the streets, ave Ll nues or alleys of any city, town O e village for the construction or opera e tion of any public utility or privat S enterprise without the consent of tn r proper authority of such city. town O f village, being first had and obtained. e The President-The gentleman fror e Lauderdale asks unanimous consent |
 substitute the section just read for tn = Section as reported by the Committed e Is there objection?
 e MT. Harrson-I object. if The President-The luHstion will b d upon the adoption of the substitute a @ proposed by the Committee. If tn IT gentleman from Lauderdale desires | if discuss it the Chair will recognize hin if MT. Harrison-I desire to suggest [ Q the Chairman of the Committee wha if rose for think the amendment
 really better than the original. but if think the report of the Committee O .s Corporations better than either. an 70 1t belongs in that Article and ] as
 that he postpone this and that II
 considered along with the report Of tn ,- Committee on Corporations. d MT. Weakey-I desire to state tha