The Birmingham age-herald., 1905-03-26
OBSERVATORY SITE
 IN WEST END PARK City Council Will Probably Give Necessary Ground CITY ATTY SMITH TALKS Birmingham Realty Go. Is Willing to Aid In Securing Government ob-
 servatory for Birmingham.
 Fulenwider Talks.

FulenWider Talks.
 It seems highly probable that the City Council of Birmingham will give the United States government reservation In West End park as a site for fully equipped meteorological station, which will cost about si0,000.
 Mayor Drennen has received no infor- nation officially on the subject, but 1t Is understood that Congressman Oscar w. Underwood has taken the matter up with him by letter from Washington.
 Under the terms of an appropriation, five observatories are to be erected in the United States. Willis l.. Moore, chief of the United States weather bureau, has written MT. Underwood that if the city will give a piece of ground 150 or 200 feet square in one of the city parks on the Northsde that he feels assured the ob- servatory can be secured for Birmmg- ham.
 Chief Moore adds that from a map of Birmingham and report made by the local weather man here. only Capitol East End and West End parks offer locations suitable for weather bureau. West End park, he says would probably be the best location on account of it being nearer the postoffice and the telegraph offices.
 Chief Moore says if permission Is se- cured for the government to use the space desired an agreement will be made not to use the premises for any other purpose other than a meteorological observatory and to submit the exterior plans of the building to the Mayor for approval. The three parks referred to were trans ferred to the city of Birmingham in 1883 by the Elyton Land company with the stipulation that they were to be used as parks only; and exception being made that should the state of Alabama decide to remove its capi-ol to Birmingham the park at the head of Twentieth treet could be transferred to the state for that purpose.
 One Question Involved.
 The only question now seems to be, has the city of Birmingham the right 10 give space in one of the parks for the proposed observatory? The deed to the three parks in part reads as follows:
 "Know ali men by these presents That the Elyton Land company a corporation under the general laws of the state of Alabama, by it's president, II. M. Cald- we'll, who is duly authorized to execute this deed, and affX hereto the common seal of said corporation,s for and in con sideration of the sum of ninety dollars ($9OOO paid to the said company by the Mayor and Aldermen of Birmingham. Ala. municipal corporation. and for other good and valuable considerations, the receipt whereof Is hereby acknowl- edged does, by these presents, grant, bar gain sell and convey unto the said Mayor and Aldermen of Birmingham. a munich pal corporation, certain real estate. situ- ated in Birmingham In said county and state and known and designated in the plan of said city as now surveyed and laid off as block twenty-one (2D, being q rectangle. four hundred by six hundred and ten feet; also blocks twenty (2sf and forty-four (4D, each being square four hundred feet on each side. all of said blocks to be ornamented. kept and used as public parks for the said city of Blr- mingham, But 1t Is agreed and understood and this conveyance is upon the condition that if the capitol of the state should ever be located in the said city of Blrming- ham, the said Mayor and Aldermen or Birmingham are to donate to the sato state for it's capitol building the sald block number twenty-one (2D.
 gro have and to hold the said premises, with all the appurtenances therto belong ing. unto the said Mayor and Aldermen or Birmingham. it's successors and assigns forever: and the said company Will for- ever warrant and defend the title to the said premises to the said Mayor and Al dermen of Birmingham. It's successors ana assigns against the lawful claims of all persons whomsoever."
 President Fulenwider Talks.
 A. l.. Fulenwider. president of the Bir- mingham Realty company. the successor to the Elyton Land company, in speak ing of the matter yesterday afternoon said
 ..Tbe Birmingham Realty company would like very much indeed to see Bir- mingham secure the observatory, and would do all in it's power towards that end. If necessary, in order to aid ID the matter we will make quit-claim deed to the government for any part of West End park the city of Birmingham may desire to set aside as the reserva- tion.
 "The observatory would not take up very much ground and would prove, in my opinion. to be great attraction to Birmingham's public parks"
 City Attorney Edward D. Smith said:
 'I have not investigated the matter but 1t seems to me that the Mayor and Aldermen would have the right to give a site in one of tie public parks for the proposed observatory. I am not versed with the terms of the deed trans ferring the parks to the city
 W. A. Mitchell. who Is in charge of the local weather bureau, said that he has heard nothing further than the special from Washington whic.i appeared in The Age-Herald yesterday morning .