The Birmingham age-herald., 1905-02-19

not alienable. They cannot be forfeited. The city holds these interests in trust for it's citizens and the public generally. It is, therefore. the duty of the city to see that It's streets are not obstructed by individuals or corporations.
 Streets obstructed.
 Members of the oBard of Aldermen are advised that the streets are in various places obstructed or used for private pur poses, and that In each case the appro- priation of the streets Is Illegal. This condition of affairs makes 1t imperative in the Board of Aldermen to consider the subject.
 ''The city attorney, MT. E. D. Smith. in- forms us that there Is no official map of the city of Birmingham or at least he says that if there Is such may 1t Is not in the possession of the city. The map or maps of Birmingham, he says, were made by the Elyton Land company and are now In the possession of the Birmlng- ham Realty company. MT. Smith also states that the city often has occasion to refer to these official maps. and 1t is frequently important that the city should have access to these maps.
 A Difficult Matter.
 "Freuuently, in cases of dedication 1t is difficult to prove the dedication except by the testimony of individuals All these witnesses will be dead in a few years. The time has come when we should re- cord their testimony In permanent form in the shape of a map filed in the city archives.
 Tn case there are Instructions the time seems to be opportune for the city to ask persons who are using or obstruct- Ing the streets to admit in writing that they are so doing. so that tho city may have the right to retake the street or needs of the street.
 If some refuse to enter into this writ ten acknowledgment, it is important that now while Birmingham is growing the matter should be strengthened. It should De strengthened by litigation if necessary while the witnesses are living and even before the official map is obtained; for we cannot afford to wait upon the prepa- ration of the map as we are likely to lose our witnesses.
 Holds Streets In Trust.
 "An occasion might arise when the city authorities will see fit to allow some per son to use these streets. While we can- not sell the streets, we hold them in trust, and since we do so hold them the use of the streets should be PAID FOR and THE MONEY PLACED IN THE PUBLIC TREASURY.
 "In some instances, we are told that the legislature has given the right to certain parties to obstruct or engage in the private use of street or streets and the city has not concurred in such in- stances If the city sees fit to acquiesce. | it's acquiescence should not be given until reasonable pay is demanded.' City Attorney E. D. smith, in comment | ing on the subject, said:
 'In case there is litigation. the city | no doubt will be asked how 1t can demand that these streets be opened as some parties have been using them for such length of time.
 "In answer to this question. the city will cite the parties to the law of Ala bama as set out in 95 Alabama l16, in the case of Webb vs. the City of Demopolis.
 This case says that neither the citys own acquiescence in an obstruction nor private use of the street, nor the citys negligence in resorting to legal remedies nor the statute of limitations, nor the doctrine of equitable estoppel, nor pre- sumption, can defeat the right of the city to maintain a suit In equity to remove the obstruetion;' and the case dwells upon the fact that a city holds its public streets in trust for It's citizens and the public generally"