The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-02-06
City Council Has Lively Time
and Acts On Numerous
Matters of Interest
TIDEWATER CAN LAY ITS
TRACKS WITHOUT DEPOSIT
Estes Ordinance Against Smoking On
Street Cars Passed-Last Two
Seats and Rear Platform
Are Reserved.

The City Council was so noisy and long,
winded last night that it is impossible to
record anything except the results of
their wranglngs. Beside the action on
financial questions the Greater Birming-
ham and water works resolutions, the
minor actions are probably featured by
the resolution introduced by Alderman
Estes abolishing the 81 tuition at the High
school. II was referred to the finance
committee. For the first time all the
Mayors vetoes were sustained, there being
several others correcting techniealities.
The letter of Chief Wier demanding
his salary gave the aldermen an oppor.
tunity to express their sentiment on his
discharge. The letter set forth the fact
that Wier was nominated and elected to
his office, that when the clash came be-
tween the two commissions he followed
the advice of City Attorney E. D. Smith,
that he was charged with characterization,
but that on trial no act of malfeasance,
nonfeasance or misfeasance or anything
that would detract from his character as
an officer was charged against him. He
closed by claiming that the action of the
police commission was unjust, Illegal
unreasonable and indefensible, the result
of prejudice and political caprice. The
finance committee recommended that the
request for the salary be disallowed.
Alderman Jones objected to the matter
coming before the council in Illegal form,
as it should first have been presented to
the council before the committee passed.
ton was because Wier was really chief,
had been terribly mistreated and should
be paid his salary. The matter was re-
ferred against to the committee.
Tidewater Case Comes Up.
A petition of the former Tidewater De-
velopment company, which was referred
to the city attorney was. in substance, as
follows:
Whereas, under terms of the francise
now owned by the Birmingham and Gulf
Railway and Navigation company, the
said company is under obligation of de-
posting a certified check for the sum of
$4,000 before beginsing it's work on Fifth
avenue, and whereas said company de-
sires to construct its tracks under tbs
be ready in three weeks.
BE it resolved, That said company be
permitted to lay its tracks in said sub
way without making the deposit afore-
said"
This resolution was also passed:
BE it resolved, That f1agmen by day
and night be placed at Ninth avenue and
Nineteenth street to be paid for by the
Frisco railroad; at Ninth avenue and
Twenty-fourth street, to be paid for by
the Frisco railroad; fagmen by day be
placed at Nineteenth street and Tenth
avenue, to be paid for by the Birmingham
Belt railroad; at Twenty fourth street and
Tenth avenue, to be paid by the
Birmingham Belt railroad; and al
Thirteenth street and Ninth avenue, to
be paid for jointly by the Frisco and
birmingham Southern"
Prohibits Street Car Smoking.
Alderman Estes ordinance against
smoking in street cars was passed. with
the exception that the rear platform and
last two seats of closed cars We're re-
served for smokers Alderman Jones'
ordinance requiring the police clerk to re-
port the names of convictions publicly
The city code was amended so as to
require policemen to file bonds with the
warden before going off duty.
The negro restaurants on First avenue,
against which such a storm of objection
has been raised, were allowed to take
out six months license. A committee
report appoints a special committee to
take up the matter of viaducts again with
the railroads A special committee was
an RI w nat ifS
The reports of the committees were
adopted as follows:
Judiciary Committee.
Present. Aldermen Fulghum, o'Neill,
Gum, Gregg, eHidt, Forney.
Absent: Moore.
The committe recommends that:
Attached ordinance in regard to smok-
ing on street cars be reported favorably
Attached ordinance In regard to fiat
wheels on street cars be reported favor
ably.
Petition of Allen Hall for personal in
jury be allowed to the extent of $50
Petition of NJ +. Barnes for personal
injured be referred to the city attorney
for report.
The petition of W. s. Lane for personal
injury be referred to the city attorney
Petition of William Shaw for alleged
personal injury be disallowed.
Attached petition of Monroe Jackson for
alleged personal injury be dsallowed
Attached resolution seeking to have off,
GERS furnished the Mayor go over.
Finance Committee.
Present: Aldermen oNelll, Heidi, Ho-
gan, Burnett, Jones and Estes.
Absent: None.
The committee recommends that:
The resolution seeking to disallow all
solvent credits be referred to the City
Council without recommendation.
The petition of Joe Marsicano for re-
fund of money put up as forfeit when
opening a saloon be disallowed
The petition of Thompson Bros asking
for refund on taxes be allowed and a
change made in the latter where 1t is
stated the tax for 1907 was collected. This
should be 1906.
That the attached resolution in regard
to paying court costs in certain city cases
be reported favorably.
That the attached ordinance appropri-
ating funds out of the city treasury to
pay the costs in certain cases be reported
favorably.
That attached recommendation of the
Mayor in reference to Officer l.. A. Ben
ME be concurred in The president of the
Humane society preferring that the hui
name officer be paid on a fee basis
rather than by the city.
The resolution instructing the city at
torney to institute suit against II. F.
wilkins be reported favorably
Attached resolution authorizing the city
attorney to purchase a new book be re-
ported favorably.
That attached resolution fixing the sal