The Montgomery advertiser., 1903-08-11
FRANCHISE ANNULLED
BOARD OF REVENUE REvoKEsl
 TRACTION COMPANY GRANT.
After Citing Company to Appear as to Parry Street Roadway Reso- lution is Adopted at Re-
 quest of Citizens.

The Board of Revenue of Montgomery county. at the solicitation of prominent citieens residing on the extension of Perry street 0ver which a franchise was grant ed to the Montgomery Traction Company yesterday revoked the franchise for al- legged failure of the company to comply with conditions of the contract. M
 The matter has been before the Board of Revenue three weeks. Only three mem
 bers of the board were present at the meeting yesterday, President M. B. Houghton and M. H. Hudson and Thom- as Duncan. Warren D. Brown and H. H. Barnes. members of the board, were out of the county. President Houghton did not vote on the question of revoking the
 The question first came up at the regu- lar meeting of the Board of Revenue three weeks ago. when officers of the Traction Company were called to appear before the board to show reason why the franchise should not be revoked. At that time Fred s. Bali. Dr. c. A. Thigpen and others appeared before the board and stated that the Traction Company had
 failed to comply with the conditions of the franchise in that the company had placed it's tracks to the side of the street instead of in the center of the roadway as provided in the franchise. They fur ther averred that the street was in bad condition on account of construction work being done by the Traction Company.
 The Traction Company replied that the track was located under. direction of J. M. Garrett. who was at that time county engineer, and that as soon as possible the company would put the extension of Perry street in proysr condition.
 The matter was laid over until the fol- lowing week, when after parleyfng be-
 tween citizens of the Perry street road, representatives of the Traction Company and members of the Board of Revenue
 the matter was again postponed.
 When the matter was again recalled yesterday Fred s. Ball and Dr. Thigpen again spoke advocating revoking the fran chise
 | Maj. E. E. Winters. General Manager of the Traction Company appeared for the road and again asked for continuance,
 stating that Maj R. F. Steiner. the legal representative of the Traction Company, was out of tthe city. He said that the condition of the road would be remedied | immediately.
 J. M. Garrett, formerly County Engi- neer and engineer for the Traction Com pany stated, that the original agreement was that the Traction Company, place it's | tracks in the centre of the roadway, which was then 24 feet wide, provided | that the company increase the width of | the thoroughfare to thirty-four feet. wherever possible ana Tn .Otner cases 10 l thirty-two feet. Tn accordance with this | agreement, MT. Garrett said that under his instructions two blocks were widened. what he considered a full compliance with the conditions of the franchise.
 The following resolution was then | adopted:
 Resolved by the board of revenue ot l Montgomery county, Alabama, that cita-
 ton having been heretofore ordered to the
 Montgomery Traction Company to appear and show cause why the resolutions of l November 3. 1902. and February 16, 1903 l granting certain franchises to said com | pany on Perry street and the rights and | franchises therein referred to and contain. l ed shall not be revoked and annulled on | account of said company failing to com l ply with the terms of said resolutions
 said citation having been duly served on | said company and said company having 1 appeared and said matter being duly con- | sidered by the Board of Revenue: that l said resolutions aforesaid and all the
 rights and franchises therein referred tc | and contained therein be and the same are hereby revoked and annulled on account of the said company failing to comply | with the terms of said resolutions, so far | as they refer to Perry street."
 The action of the Traction Company I will will not be decided upon until the
 return to the city of its counsel.