The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-01-07
City Council to Hear Protests
In February
ATTORNEY SMITH REPORTS
Suggests Quo Warranto Proceedings
Against Birmingham Water,works
Co. to Have Contract An
nuIIed-Frisco Case.


the year. last night. adopted an ordinance
providing for the paving of Fifth avenue
from Nineteenth to Twenty-seventh
streets with bituminous macadam. The
estimated Scost of the improvements Is
$4,000. The ordinance was placed on its
second and third readings upon the recon-
mendations of the judiciary scommittee.
after a general discussion between the
members of the city council and repre-
sentative OF the property owners. The
council will on the first meeting night in
February hear any protests and remon-
strances against the ordinance.
In special report. City Attorney Ed
ward d. Smith said that from informa-
ton he had at hand, he was of the opin-
ion that the recent legislature did not pass
an act granting the Frisco system the
light to close up Fifteenth, Sixteenth and
Seventeenth streets, from Avenue to
Powell avenue He was of the opinion,
however, that an act was adopted giving
the Birmingham Belt Railroad company
the right to close up certain streets.
Mayor Drennen, who returned from
Montgomery last night at 7:30 o'clock.
presided at the meeting. In the absence
of City Clerk j. c. Murray, City Treasur-
er G. c. Engstfeld. assisted by Clarence
Lindsey, acted as clerk of the meeting.
Present at the meeting were:
The mayor, Aldermen ONeill. Copeland,
d. r. Copeland, ]. r. Moore, Gum, Coop
err, Altman, Heidi Jones and Stockmar.
The city tax collector reported collec-
lions for the year 1903 amounting to s192.-
1898.
City Attorneys Report.
The special report or City Attorney
Smith was presented, 1t follows:
Relating to the matter of the Frisco
system closing certain streets under
franchise granted them by the recent leg
sature. City Attorney Smith says that he
has been unable to obtain up to this time
a copy of any such act of the legislature
my information Isl however" says the
city attorney, that no act was intro
duced or passed granting the Frisco sys-
tenn any right to close up any street or
any part of any street of the city. But
that a special act was introduced and
passed. granting the Birmingham Belt
Railroad company the right to close up
certain streets which are, 1 suppose, the
streets alluded to by the board"
IT would further report that IN con-
formity with instructions of the board
to institute proper proceedings to have
the contract with the Birmingham Water
Works company declared void, have In
vestigated the question and have con-
cluded that quo warranto was the proper
proceeding. and that l have prepared
petition for writ of quo warranto and
have placed same with the authorities
supporting same to the chairman of the
committee on municipal ownership"
Merchants Tax.
The mayor and the chairman of the
finance committee will look after the
matter of having the merchants tax for
1904 assessed. Assessments on ordinance
No. 179 providing for paving the north
side of Fourth avenue from Twenty
fourth to Twenty-sixth treets were ascer-
tanned, and February 3 set as the time
for hearing protests against making the
same final
The city attorney was instructed to col
lect all amounts due the city on con-
fessed judgments, forfeitures for appear
ance bonds, fines and costs, and to en-
ploy such assistance as he may deem
necessary, and upon such terms as he
may deem advisable.
The petition of the chief of police and
members of the department, asking the
city to pay to Attorney Allen balance
of s7079 for prosecuting Frank Miller and
Frank Duncan, the slayers of Officers
Kirkley and Adams, was referred to the
finance committee.
Storm Sewer.
An ordinance providing for storm
sewer in the vicinity of Thirteenth street
and Sixth avenue was confirmed. The
estimated cost of the sewer is $125OO The
city engineer and the street commissioner
were instructed to improve Nineteenth
alley between Avenues and J. An ordi-
nance providing for the paving of Third
avenue from Twenty-first to Twenty
second street was introduced by the street
committee and referred to the judiciary
committee.
An ordinance to regulate excavating for
any purpose along streets which have
been paved, was introduced by Alderman
Moore and referred to the judiciary COM
mittee.
The contract for Improvements under
ordinance No. 120 was let to Richard
Blackburne, his bid. which was the low
est, being 1914. The Improvements in
clude the paving of sidewalks along the
west side of Twentieth street from Ave-
nues e to F.; the west side of Twentieth
street from Avenues G to II; also several
alley crossings along Twentieth street.
south, with vitriied brick.
An ordinance was introduced providing
for the construction of a storm sewer in
the vicinity Of Fifteenth street and Four
teenth avenue. south, the estimated cost
being 5000.
The judiciary committee reported favor
ably upon the ordinance making 1t I'M
lawful for any person to ride, drive or
otherwise propel any horse, carriage
wagon, or other vehicle, including street
cars, driving or propelsion of which is
calculated to produce noise. along
Twenty-frst street between Third and
Fourth avenues. at a greater rate of
speed than is equalled by the slow walk
of horse. The penalty for the violation
of the ordinance is a fine of not less than
IS nor more than $40.
FIfth Avenue.
The judiciary committee reported fav-