The Birmingham age-herald., 1907-12-19
FINAL REPORT IS
 MADE ON PAVING Committee Submits Result 0
 Work ts Council BITULITHIC IS EX0NERATE0 Recommends No Further Brick Paving Unless There Be Competition.
 Full Text of Report As
 Submitted.
.BITULITHIC IS EXONERATED

The committee of aldermen and citi- zens appointed several weeks ago to in vestgate the Southern Bitulithic Paving company last night submitted its final report to the City Council It is as fol- lows
 To the Mayor and City Council of Br-
 mngham
 Gentlemen:-Th committee appointed under the above caption beg respectfully to report as follows: We have held 13 public sessions and have examined more than 50 witnesses. We have devoted about DO hours to the investigation as a body, and about ten hours additional time in- dlvidually.
 We learned, both from the testimony of witnesses and informally, that there was a great deal of rumor floating about the streets as to irregularities incident to the obtaining of work by the South ern Bitulithic company and Its execution of the same, and we gave notice through the press and at our various meetings that we desired the attendance of any one who could throw light upon such sup posed Irregularities. We have conducted the inquiry somewhat after the method Of grand jury, allowing large latitude of testimony and not confinng ourselves to legal rules of evidence, as we desired it should not be afterward asserted that ht were WHllbWdSHlHB COHl1I1llee.
 The result of our investigation is that the affairs of the city of Birmingham, so far as we have had occasion to ex- anime them, have been honest, straight forward, free from any taint or suspicion. and have been conducted in d decorous, systematic and businessllke way as is the awarding of the contracts and their performance. We unhesitatingly testify that in our opinion the city has received full value from the Southern Bitulthic company, and that no person of any de- scription connected with the city govern ment has at any time received any per- sonal advantage for giving out such con- tracts or in overseeing the work.
 The first division O our inquiry, on which we have already made an interim report, was as to the charges against Alderman O'Neill. These charges were based upon an affidavit made by MT. J. E. Donelson, the testimony contained in which was categorical1y denied on oath by MT. O'Neill. There was no other evil dence brought before the committee, and there could be none as bearing upon an alleged private interview between the two. The matter being thus unfortunate ly reduced to a question of personal ve- racity between two citizens, we felt that we could only consider the two sworn dispositions as mutually contradicting, nullifying and offsetting each other. and as any one charged is entitled to the presumption of innocence, we unanimous ly found Alderman ONeill free from the charges brought against him.
 The second division of our inquiry being as to the relations of the city with the Bitulithic company. we addressed our selves to two questions: First, whether the company had received proper treat ment from the city and, second, whether the city had received proper treatment from the company.
 Square Treatment From City.
 As to the first proposition the testimony of the Bltuithic company's representa- tive shows that 1t has always received square, fair and honest treatment from the city, its aldermen, engineers and in- spectors, and we may say that similar testimony has been given by the local representatives of brick pavement.
 The principal interest centered upon the question as to whether the city had re- ceived fair treatment from the Bitulthic company. There was manifestly a feel ing on the part of citizens that bitulithic pavement had been imposed upon them prematurely, against their wishes, or that the work was insufficiently done and that these things were due either to aldermen being interested in the Btu lithic company or because of bribery or undue influence or favorltism All these matters and beliefs we have endeavored patiently to clear up with the following summary of results
 It has been charged that aldermen were interested in the Bitulthc company. An inspection of the company's stock book and all transfers. together with the sworn testimony of it's president, shows that with the exception of Mir. J. E. Donelson. it's local representative, the company has never had but one Birmingham stock holder, namely, MT. Henry B. Gray, who became stockholder five weeks after he had resigned his seat as an alder man in the City Council, and that his negotiations for the purchase of stock only commenced after such resignation, and that during his tenure of office as an alderman he had no option of purchase or any other personal relation with the com pany. It is proved by evidence that no alderman or city employe has ever re- ceived any gift or loan of money or any rebate upon work done, from or on behalf of the Bitulthc company.
 It was charged that work was done on South Twenty-first street and elsewhere by the city prison force on behalf of the Bitulithic company. The evidence shows that instead of the company taking up the old chert and slag material, which would have become it's own property sub ject to sale. 1t was by consent taken away by Street Commissioner McCartin for the use of the city and laid upon other streets, thus saving the city large ex- penditure which must otherwise have been made for the purchase of such street making material. The street commissioner was assisted by the Bitulithic company in this work, which, to some extent. tore up the old surface and piled it and as sisted in loading into the city's carts.
 If was charged that 1Ipon Ciyth and