The Birmingham age-herald., 1907-12-15


 Council by returning the first two im- portant. resolutions ever passed under the new code. The first is reversing the resolution regarding the franchises grant ed the Tldewater Development company, and the second Is against the extension of the time of the Aldrich franchise, which has been extended so often before. Here they are:
 December II, 1907. E. H. Mooney, City Clerk, City:
 Dear Sr-The attached resolution in reference to franchise heretofore granted the Tidewater Development company was adopted at the last meeting of the City Council of Birmingham.
 l herewith return same not approved, with the reasons therefore in writing, di- rected to the council, as provided by law.
 Please make report thereof at the next regular meeting of the City Council. Re- spectfully, GEORGE B. WARD.
 Mayor
 December H. 1907. To the Honorable City Council of Bir-
 mingham:
 Gentlemen-I have returned, not ap- proved, the resolution referring to the Tldewater Development company adopt ed at the last meeting ofSyour honorable body and herewith state my objections in writing, as provided by law.
 This resolution relates to what is com monly called the Tidewater franchise. That franchise is evidenced by an ordl- nance passed February G, 1907, and by a contract entered into March 19, 1907, be- tween the city and the Tidewater com pany to carry that ordinance into effect; the contract controlling in the contruc- ton of the franchise. Neither the ordi- nance nor the contract make reference to any work to be done outside of the city.
 Section 9 of the contract reads as fol- lows: Section 9. Work on some point on the line or lines of railway to be con structed by said Tidewater Development company shall be begun in good faith within eight months from the execution of this contract, and cars shall be oper- ated on said Fifth avenue for revenue within two years after such work is be- gun"
 This makes November 19 1907, the day by which work should have commenced and gives until March 19, 1909, for cars to be In operation on Fifth avenue.
 It is possible that strict legal con- struction of these provisions would be that within eight months the company should have begun work inside the city of Birmingham. l am satisfied, however, that this was not the intention of the contract but that the city intended they should begin work ill good faith on some part of their interurban line, in this inn mediate district, within that eight months. -Ys In all the official negotiations and in newspaper controversy 1t was understood that the city desired that Fifth avenue should not be torn up until line had been built up to the city limits, either from the East Lake end or Ensley end or from both This was for the double purpose of guaranteeing feeders for t'e city division and for showing good faith and ability to build any road at all.
 At that time Gadsden and Tuscaloosa were mentioned as terminals for the dim future and to be reached out after as the project developed.
 Under date of October 29, 1907, the city of Birmingham received letter from the Birmingham and Gulf Railway Navi- gation company notifying the city that. among other things, 1t had fallen heir to the Tidewater company; that IL had pur- chased the Tuscaloosa Belt railroad, which extends toward Birmingham; that 1t was repairing and electrifying it and that it herewith requested the Board to signify it's acceptance of this fact as and for a beginning of the work of the railroad within the meaning of the fran chise granted by the city,
 l ton in Tuscaloosa complies with the spirit of the contract made with this city. 4uore especially as there are gaps in the line between Birmingham and Tuscaloosa.
 If the resolution above referred to is passed by the Council the city of Bir- mingham will be forever estopped from denying that work has been begun in good faith" under the terms of the fran chise.
 Whether or not work has so begun is a question of fact. If it has, action by this Council is superfluous and helps not at all; if work has not so begun 1t would not be proper for the Council to say it has.
 | see no reason at this time for con ceding such a point to the company un- less 1t is your intention to waive the city's rights in the spirit of helping along.
 If that is done the Board could in future resolve" with equal wisdom, that the purchase of a warf in New Orleans on which to unload Tldewater coal was q fulfillment of the obligation that cars must be running on Fifth avenue for rev enue by March 19, 1909.
 I had hoped that this company would have begun work before this time on their interurban lines, as I believe a competi- tive street railway on Fifth avenue, fed from outlying districts, would be bene- fit to the public.
 In returning the resolution I do not recommend that the franchise be de- clared forfeited. but that the Tidewater company Or its assigns be given to under stand that 1t must build it's lines in lief ferson county first, as per original agree ment, and after that feel at liberty to extend to all other parts of the world as fast as it may wish.
 Or If the Board sees fit-after investi- gation to accept the companys notifica- ton that the transaction at Tuscaloosa is sufficient beginning within the meaning of the contract. to which the Mayor will not make further objections, the idea should be made perfectly plain and be accompanied by an express declaration that such action cannot be construed as extending the time limit by which cars must be running dn Fifth avenue for revenue. Respectfully.
 GEORGE B. WARD, Mayor. It Is understood that the Mayors rec ommendation Is made in no spirit of hos tility to the company to which the fran chise has been granted. but on the con trary 1t was learned last night that the Mayors action is entirely satisfactory to the officials of the company.
 Regarding AIdrich Franchise. B. II. Mooney. City Clerk City:
 Dear Sir-The attached resolution in reference to franchise heretofore granted T. H. Aldrich and associates vas adopted at the last meeting of the City Council of Birmingham herewith return same not approved, <t.-