The Montgomery advertiser., 1902-06-12
Petition to Change Curve Radius Granted. TAX QUESTION RAISED Street Railway Company Finally Wins Out. Montgomery Traction Company Granted Permission to Change
 Style of Rail in Laying
 Tracks.

in the city, passed a resolution authorizing the Montgomery Street Railway Company to increase the radius of curves in it's tracks so as to accommodate new cars which have been ordered, extended the time limit of the fran chise granted the Alabama Telephone and the contract for supplying coal to city de- partments to the Anderson Coal Company of Montgomery.
 The petition of the Traction Company was granted in quick order but the resolution thorizing the street railway company to in- crease the radius of its curves passed over Q rocky road before 1t was adopted. It was discussed at great length by the Aldermen and after its adoption Alderman Guiter gave notice that be would move to reconsider the vote at the next meeting of the Council
 The discussion developed the fact that the street Railway Company Is due the, city. 8. large amount of money on account of the pay ing tax and that there is a controversy soyer the settlement of the claim upon which she company is paying per cent. interest This was the chief objection of Alderman Gunterr who declared, that he did not approve of ex- tending any further privileses to the street Railway Company until it paid ihe city what was due. fs
 Alderman Rocdef also objected to the pass; age of the resolution on the ground thai IL did not specify the curves to be increased. He said the matter was ief; open and the resolu-
 Alderman Hartley, Chairman of the Street Committee. submitted favorable report upon the petition of B. l.. Holt and associates, rep resenting the Montgomery Traction Company to use 5-inch T7ts-pound high T rails in lay ing tracks instead of Finch rails as provided in the franchise. The committee made A fla vorable report with the provision that where streets are paved with Belgian block a higher rail than inches is to be used. So as to com ply with the paving and all rail where used on paved streets shall comply with the pave ment. The report of the committee Was unani- mously concurred in.
 The Street Committee reported favorably a resolution by Alderman Rushten authorizing the Montgomery Street Railway Company to increase the radius of the curves in its tracks providing the cost of reparing and interference with sewers be paid for in advance. the esti- mated cost to be made by the :ity Engineer The increase in radius of curves is to prepare for the i0-foot cars that have been or dered by the company.
 Alderman Roeder Opposed.
 Alderman Roeder said he was opposed to the resolution, it too sweeping. and moved that the resolution be recommitted. Alderman Hartley defended the report saying it was pro- posed in order to improve the street car ser
 Alderman Mo Intyre disclaimed being opposed
 10 Improvements in service. but he said it would not harm any one If the railway com pany, would. submit to the Council plans of the ciirves to be changed. It would be pos sible he said for the company under the res Court Square Therefore he said, he would sec ond the motion of Alderman Roeder to recom- init the resolution.
 Upon the suggestion of Alderman Cheney. C. II. Roquemore. legal representative of the Street Railway Company. was invited to ad- MT Roauemore said the railway company had ordered $37.e worth of steel rail for use on the Belt Line. Ten rev 40-foot cars had also been ordered These could not be op- erated he said. unless the radius of the curves was increased. He assured the Council said his company would not object to having Court Square excluded from the resolution.
 ''Is 1t not fact that the Montgomery. Street Railway is greatly indebted to the city for taxes?' asked Alderman Gunter
 'T believe the company owes the. city some money answered MT. Roquemore, but l do not know the amount Would there be any objection, to paying this indebtedness before these privileges are grant ed ?" queried Alderman Gunter
 II do not know how the company is fixed for money just at this time,' replied MT. Mir. Roquemore went into an explanation Of | the debt owed the city by the railway company | for paving taxes and concluded by assuring the | Council that the company could not, make the contemplated Improvements unless authority was granted to increase the, radius of the | curves.
 Should Meet Them Half Way. Alderman Roeder insisted upon his motion | to recommit the resolution and Aldernian Rushton spoke in support of the resolution. He said it would cost the company s15 to have plans and specifications of the curves made and the Aldermen would then know very little more about the contemplated changes. 4s,. 'Tf these people eacting in good faitn. :. said Alderman Rushton, and are going to improve their service ny getting new CATS II
 seems to me the Council ought to meet them on halfway ground Alderman Hartley said the committee had put in whole day with the City Engineer In going over the tracks and examining the curves and he could not see any reason for recommitting the resolution.
 Alderman Gunter arose andt speaking de- | liberately said that he was in favor rf doing anything in the power of the Council to i'm prove the street railway service of Mont gomery. but that there is a dispute between the city and the Street Railway Company over
 years ago and until this amount is paid by the railway company he would oppose granting it any further privileges. He concluded by offering amendment to the resolution provid- ing that the authority to increase the radius of the curves be granted when the railway company pays what 1t Is due the city He withdrew the amendment on demand for a vote the motion to recommit, which was de feated by aye and nay vote Of to II. AL dermen Gunter. Mcintyre and Roeder voting to recommit
 Alderman Gunter then renewed his amend ment providing that the railway company shall pay the city before the privilege Is
 Alderman Kohn who said he did not often appear in the Council as the champion of the amendment If the city had not collected the
 money he said. it was the city faun' He thought the amendment was unwise. Alderman Mcintyre demanded the ayes and nays and the amendment was lost, Messrs, Anderson. Cheney Gunter and Mcintyre for 1t. An amendment sent up by Alderman An, derson providing that the authority should not apply to curves running into or on court Square was adopted and the resolution re- ported by the committee was adopted, Alder men Anderson, Cheney. Mcintyre and Roede- voting against It.
 Alderman Gunter gave notice that he voted for the resolution for the purpose of moving a reconsideration of the vote at the next meet ing of the Council
 Under New Constitution. The Committee on Franchises and Privilege reported favoraby ordinance granting J. l. Dixon and associates an extension of four months to begin work on a telephone system in Montgomery for which they were granted a franchise in June. 1901. The time expired on June ? and the company desired to be given until Oct IT to begin work
 The report of the committee was concurred in, but when the ordinance was put on its final passage there was considerable discussion,
 Alderman Rushton pointed out that the tele- phone company had been given perpetual
 franchise in 1901 It had failed to comply with the terms of the franchise. Since that time the new Constitution of Alabama had been adopted This Constitution prohibited cities of over 5000 population to grant franchise for greater time than thirty years. If the ordinance was to he passed Alderman Rushton said he would insist on limiting the franchise to thirty years to conform with tho 'onstI- tuition.
 Alderman Anderson asked City Attorney Steiner for an opinion and Mr, steiner