The comet. (Johnson City, Tenn.) 1884-1916, 1902-02-06
The City Council.

The City Council.
The council met last Thursday night
in regular session and extended the
time for the payment of taxes without
penalty to the first Monday in March.
There was some ather routine business
transacted and the Brownlow fran
chise was taken up on the third and
last reading. Judge Curtin, special
counsel employed by the board, was
present and stated that the franchise
as passed on its second reading was
certainly good one for the city if the
grantee would accept it. He suggested
a slight change in section one, and
held that it would not be proper to
grant franchise over "street to be
hereafter named" as provided in di-
vision in the franchise contemplated.
He said the supreme court had recent
ly held that such clause was not n
franchise. The Brownlow managers
did not want to name such streets as
are now open in this division because
they want to wait and see if the cold
company" intend to relay the car line
on Main, Roane and Watauga, if not
then they wanted to have the board
designate those streets. Mr.. Cox and
Mr.. Burrow tried to convince Judge
Curtin that the clause would be legal
and binding upon the grantee but the
Judge held out that franchise that
did notname streets would be void as
to that section. Mr.. Cox's contention
that the grantee under such a section
would be bound may be true, but sup
pose the city should later decide for
good cause not TO name streets for Mr..
Brownlow but sell the franchise ON the
north side of town, then, according to
Judge Curtin's contention, the Brown
low people would have no rights.
This section was so amended that it
Is left optionary with the grantee to
build the line in division three. When
section II was reached Alderman Lin
vile offered an amendment making the
franchise exclusive over streets named.
This created the excitement of the
evening and make the board resemble
nothing SO much as county court.
Heretofore it had been urged by all
parties that no exclusive clause was to
be inserted, all corners were to be &C.
commodated, but Mr.. Cox stated thai
unless the amendment was passed that
Mr.. Brownlow would not accept the
franchise. L. A, Stratton and s. C.
Williams were present representing
what is known as the "old company
and stated that if an exclusive fran
chise was to be given to the Soldiers
Home they would buy it and open th,
biddings at 81 900 provided all bidder
were put upon an equal footing as t.
, route, etc. They further stated that j
the board would adopt the suggestion
of Aldermen Wofford and Ellsworth
and prepare franchise to be sold t,
y the highest bidder they would bid upol
it and would agree to relinquish al
rights the old company had to any
streets.
They said tie streets could be select
!, ed by the board in the new franchis
or they could COMPEL certain mileag
equally divided between the north an,
s south sides of the town and let tn
purchaser select his own routes. Thi
seemed to be absolutely fair and woul
u probably have been accepted by tn
g board but for outside influence. L
J, meet this popular wave of public sent
ment new section was drawn by MI
Burrow providing that this franchis
shall be offered to the highest bidde
for twenty days. This was not jus
, what the old company wanted ON &C
count of the loop in division one, bu
It would have been accepted. Mr.. Bun
8 row then prepared another clause tha
!. if, in addition to bidding for the fran
chise, any person would agree to bull
the line to Jonesboro that bid shout
9 have the preference. A simple agree
y ment to build to Jonesboro was not az
is ceptable to any one and suggestion 70
:, lowed suggestion until the board ha
Judge Curtin prepare section 10 of til
. franchise providing that the granite
J. shall build car line to Jonesboro i
y three years or forfeit any rights to til
city therein granted. BY con servativ
= people this is believed to be deatl
blow to the franchise, because it is III
= believed the Jonesboro end can now b
q financed. This was simply forcing MI