The Birmingham age-herald., 1908-09-17
CITY WILL RESORT ID CONDEMNATION
 ID GET V|ADUCTS Railroads Claim Right of Way Over 28th Street AntedateS
 City'S Charter
ANOTHER tXTENSICN OF
 THE ALDRICH FRANCHISE
Alderman Stockmar Arouses Amusino Discussion By Asking for Informa- tion on Cost of Text Books
 Used In the Schools.

the purpose of canvassing the returns of the election to be held Monday, President John l.. Parker presided over the city council last night for the last tme At the first meeting in October Harry Jones, the newly elected president, will weld the gavel in the council chamber.
 The meeting last night passed off with out sensation or startling developments. The viaduct and grade crossing question was about the only matter of general in- terest which came before the board The remainder of the business was principally routine matter and was dispensed with with dispatch
 As was expected the railroads have 'balked' at the matter of opening up Twenty eighth street. The Louisville and Nashville and Alabama Great Southern railroads have set forth the claim that they obtained a right of way over what is now Twenty eighth street before Bir- mingham was chartered as a city, and claim further that the city now has no right to force them to open up the street.
 Will Begin Condemnation.
 Accordingly the city will institute con-
 
 with this question the following resolu- ton was introduced and adopted last night
 Be it resolved by the city council of Birmingham as follows:
 Section l. That it is deemed necessary or expedient by this body to acquire by condemnation the right to open up Twen- ty-eighth street, between First avenue and Avenue A, to width corresponding with it's width between First and Second avenues in the city of Birmingham, and the city attorney is hereby instructed to proceed under the general laws of the state governing condemnation proceedings to acquire such right for and in behalf of the city of Birmingham" Repair Railroad Crossings. With reference to railroad crossings the following letter from the mayor was read and referred to the city attorney, with instructions to draw up an order cover ing the complaint:
 September Is, 190S To the Honorable, the City Council or
 Birmingham:
 Gentlemen-A great majority of the rail road crossings in the city of Birming- ham, and especially in the new territory, are badly in need of repair.
 On calling the attention of the roads to these matters some respond promptly ana some do not
 Your city attorney advises that there is authority in your charter to have these crossings repaired under police regula- tions.
 It is herewith recommended that he be instructed to draw the necessary ordl- nances that will make every road crlm- inally liable for prosecution where such crossings are not kept in repair. Respect fully u. WAHD' m"Soi
 Aldrich Franchise Extended.
 finder the report of the judiciary com mittee a recommendation that the time of the Aldrich franchise be extended for six months caused much discussion. The franchise referred to is one issued some time ago to T. H. Aldrich for the con structon of an electric lighting and gas plant in Birmingham It seems that since the time the franchise was issued those interested have asked for two ex- | tensions which were granted, and the third request was what caused the ols- cussion. Alderman Jones started the dis cussion by stating that he thought 1t bad precedent to set in issuing or grant ing repeated extensions on franchises. It was set forth, however, that on account of the recent financial furry the pro- motors of the new concern have been unable to finance the proposition and for that reason have as.sed for further time. The additional .sx months was finally granted with the understanding that no further extension of the time of the franchise would be granted. The city engineer was instructed by the council to advertise for bids for the construction of part of the new sani- tary Sewerage system.
 Alderman Stockmar raised a question which was the source of much amuse- ment before the aldermen present fin ished talking about it. MT. Stockmar in- troduced a resolution which is intended to bring about an investigation of the new school-book system. He stated that under the present system school books for one term for each child cost an aver age of about $7. The resolution requests the city superintendent of schools to give an account of the book changes. It was adopted after one of the greatest jolli- locations on record in the City Coun- cil
 Other business was confined principally to routine matter. The reports of com mittees. as read last night, follow: Fire Committee. Present: Aldermen Gum, Forney, Cope land, D. R.; Mcdonald, Jones. Absent: Aldermen Stockmar and Greener. | The fire committee recommends that fire hydrant be installed at the inter- section of Orange and Sycamore streets. That petition for fire hydrants at the intersections of Tenth avenue and the following streets: Thrty-ninth, Forty third, Forty sixth, Fiftieth and Fifty third streets and at the intersection ot Thirty street and First avenue be referred to the chief of the fire depart ment and the fire committed That fire hydrant be installed at the intersection of St. Charles street and Fifteenth avenue.
 Finance Committee. Present: Aldermen O'Neill Heidt Es- tes. Klotz Jones. Absent: Aldermen Bur nett and Hogan.
 The finance committee recommends that the Gulf Fish and Oyster company be refunded $50, amount paid for license. That the Collier Drug Co. be refunded