The Birmingham age-herald., 1907-07-09
WANTSLEGlSLATURE
 TO UPHOLD COUNCIL
w. B. LEEDY TELLS WHY ILLl- NOIS CENTRAL SHOULD NOT BE FOR CLOSING STREET.
To the Editor of The Age-Herald.

To the Editor of The Age-Herald:
 Hon. Jere c. King, a member of the legislature from this county, in letetr to The Age-Herald of the 7th says in substance that he will be very glad to vote for the bill, allowing the Illinois Central to finish It's terminals at Eff teenth street if they will pay the city s40,000 for a strip of lana Sox40o. In the first place the strip actually used for It's freight house across Fifteenth street at its terminus is thirty feet wide; but why should the road pay the city for thls thirty foot strip across an eighty foot street, s4O000, or any other sum; the city does not own the street referred to and cannon give the railroad deed to it and would 1t be right to buy from the city something that they have no right to sell and cannot make deed to? The street belongs to the public and othem we are to atone and 1t is so provided under Sec ton g. of the bill which says, nothing contained in this act snail be held or construed as effecting or authorizing the taking. injury or destruction of property without compensation or without due process of law, but any property owner who may sustain any injury by virtue of such vacation may recover all damages, including future damages, which he may sustain, In an appropriate action at law brought in any court of competent juris- diction." This the company stands ready to do on the passage of the bill; then, why pay the city the $250 per foot that MT. ing claims it is worth, and pay the people besides Is this just? The city has the right to charge for franchises granted This we have paid s1000 per block or $13,0O0 instead of 5000 for this strip as stated by MT. ing, and we believe that the Illinois Central was the first railroad en- tering Birmingham that paid ten times more per block than any other road had previously paid; besides the $13,00O paid for the franchise, we have paid abut- ting property owners nearly $40,000 down Twelfth street to First avenue The city has in good faith granted the franchise and authorized the closing of the street and we are now asking the legislature to confirm their actions; simply this and nothing more The board of aldermen certainly thought it was for the best in terest of the city, else they would not have granted the franchise. The mayor was prudent enough to repeatedly call attention of the public through the press to the franchise asked for and request ed that he hear from them. A large assembly of citizens appeared at the meeting and objected to giving that part of the franchise asked for on Second avenue west of the city limits, Seventh street. and as there Was an objection to this part of the franchise was eleminated and the balance given without a dissent- Ing vote.
 Ask the shippers and receivers of freight what they think of the benefits of this railroad to the city and county. Without disparaging other railroads we assert without fear of contradiction that the Illinois Central will be the greatest system entering the state of Alabama, and has contributed veryS largely to- ward making the great state of Mississ- ippi what 1t is today If the coming of this railroad to Birmingham is not bene- ficial then why should Mir. King say give tue CIly SfuUv' anu lle VIII be Sldu to vote for the bill and not before. He should not vote for 1t at all even if tho road should pay the city $500,O00 for the strip of property.
 The city by granting this franchise knew that they and the state and the county would receive now three times the revenue from taxation that they were receiving before the Illinois Genital bought this property, and this revenue is not stated lump sum, but an annual revenue to steadily increase forever and not for a day besides it would enhance values for taxation from other property owners
 Now the trouble of the opposition to this bill arises from me fact that a few property owners desired the road to allow them to name their own property in volved and to fix an arbitrary damage themselves before they would acquiesce in the passage of the bill, but they have no right to claim a damage until the bill Is passed, they have no damage until the bill becomes law and the bill eX- pressly provides for them
 If the bill shoul dnot pass and the stret is opened l imagine they would be very