The Montgomery advertiser., 1905-07-11
Acting Mayor Its Only Opponent.
 - rA.. CITY 10 SHARE
 IN EARNINGS Franchises in Future to Go to Best Bidder. 10 Resistance Against the Measure Which Gives Agent of City Right to Inspect Books of Fran
 chise Companies.

The franchise ordinance recently in- troduced by Alderman -at-Large J. Kirk Jackson, by which the city govern mcnt of Montgomery will participate in the earnings of corporations to which franchises or special privileges are granted, was almost unanimously pass ed last night at a called meeting of the City Council.
 And there was no stormy session for this measure to float through on its way to victory The measure Is a novel one and it Is believed without precedent in most of its features in municipal government in the united States. It Is the outgrowth of re- form movement which has been Tor some time developing strength in the Council It marks the end of giving away privileges in return for which 1t has always been felt that some com pensation ought to be coming to the city.
 The measure is original, nevertheless, but it will be memorable in the annals of this city's government for the reason that the interests at which the ordl- nance is aimed have not budged an inch to prevent its passage. Ihus there has been no considerable opposition to the future plan of disposing of iran chises Those corporations which will not only be perpetually sharing their profits with the city but will be much inconvenienced under the oparation Of the measure have stood in the back ground and refrained from putting one obstacle in the way of the reform. TO many this appears as an enigma. Some members of the Council, on the other hand, profess to know clearly the cause toe nf hA corporations. These same wiseacres, ttEugh, voted for the measure last night, or at least most of them, and they say they are willing to trust to fate.
 May be Unconstitutional.
 These members of the Council are not particularly careful to advertise what the corporations are intending to do or what they are intending not to do. It was learned, however, that an enort would soon enough be made to estab- fish the invalidity of the ordinance. Fear Is expressed that it will prove unconstitutional. With this version of the case in mind. it would be reasonable to expect an attack on the ordinance, in particular that feature which hallows a delegated agent Of the city to have access to the books Of franchise company to ascertain its earnings and therefore the city's share of the earnings.
 Can the city pry into an individuals 8 or a corporations books for the pur- pose expressed? It might result in an interesting question. but strong advo- cates of the ordinance are willing to pin their hopes on the doubt, if there is really any doubt in the premises. The city can lose nothing, it is argued, and there is quite a future revenue in- volved by a neat arrangement if the method successfully resists all attacks on 1t.
 The opposition to the ordinance came from Acting Mayor c. P. Mcintyre alone, Alderman Lobman asked to be excused from voting and was extended the privilege because he was confused by a long series of amendments tagged on to the original ordinance. The af-