The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-20
North Birmingham Council
Claims 1t Is Protecting It.
self from Birmingham
LEGALITY OF THE ACTION
IS QUESTIONED BY MANY
Major Friel Says Birmingham Wants
To Sell Plants to Existing Com
panies and Cites Mayor
O'Brien's Action.


ham met last night in adjourned ses-
sion and passed resolution authoriz-
ing the sale of the North Birmingham
water and light plants to James L. Cole
and A. I. Thorpe for consideration
of 81 and the assumption of the
bonded indebtedness which amounts to
$4,000.
A meeting was held yesterday morn
ing and Alderman Charles Glover in
troduced the resolution, but on ac-
count of the strenuous objection OF
Aldermen Stone, Albritton and Andrews
the resolution could not be passed. The
point was raised that without unan-
imous consent the resolution would
have to lay over until the next meet
ing.
At the meeting last night the resolu-
tion was renewed and adopted, Alder
men Glover. Price, Algood and Hark-
ms voting in favor of the sale, Alder
men Stone, Albritton, McCurrie and
George Carnes cast the deciding vote
in favor of the sale. Aldermen Yield
ing and Hawkins were absent, but both
are reported as favoring the sale.
Mayor T. H. F'riel stated after the
meeting that he Is ready to receive
bids from anyone. that the bid of the
two North Birmingham men is to cover
the bonded Indebtedness of $4,000
and continue the present rate of about
one-third of the Birmingham rate, to
furnish street lights at $50 and water
plugs at $35 year.
He explained that the sale would not
have been undertaken had not Mayor
O'Brien of Birmingham sought to pass
through the Legislature a bill allowing
Birmingham to change the rates
charged.
1--WE know that Birmingham would
take the first opportunity to sell our
plants to the Birmingham Water Works
and the Birmingham Railway, Light
and Power company" he said, land we
have taken this action to protect the
people of North Birmingham from ar
bitrary prices"
Mayor Friel believed that the sale
of the franchises would be absolutely
anything 1t can mortgage, or can do
anything that is not prohibited in the
constitution or code.
Alderman Stone Calls IL Bluff.
Alderman George Stone was bitterly
against the deal. 1T is merely bluff"
he said last night. ut would never
stand in the courts. No city has the
right to sell it's public utilities without
Legislative enactment, and besides a
resolution of such permanent nature
has to lie over between two regular
meetings.
II consider this an outrage. The
handing over of thse utilities to a
private machine is but another evil
dence of the unwillingness to let go,
and further effort to thwart Greater
Birmingham
The sentiment expressed by the alder
men favoring the sale last night was
that the Birmingham council is
just waiting for the opportunity to sell
the North Birmingham plants to the Bir-
mingham corporations.
The reason for Captain O'Brien's bill to
allow cities to change the rates of public
service corporations in annexed sections
was to save the city from loss. 1t is cur
rently reported that the North Birming-
ham plants are running at a considerable
loss each year, and the Mayor of Bir-
mingham wanted to arrange the rates SO
that ends might meet.
The general opinion of all who heard of
the action yesterday was that it would
never stand in the courts Aldermen dis
cussed it, but did not get together, and
ii is probable that the Birmingham City
Council will await further developments
before taking any action.
Mayor O'Brien Notified.
Immediately upon being informed Of the
yesterday morning City Clerk j. E Shrop-
shire, Jr., called up Mayor O'Brien in
Montgomery and explained the status of
the affair. The Mayor instructed Mr..
Shropshire to employ special attorney,
II necessary, to enjoin the proceedings.
Mr.. Shropshire secured authority from
the acting mayor. M. J. Gregg, and con-
suited former City Attorney E. D. Smith
City Attorney Robert Thach is out Of
the city.
Mr.. Smith stated positively that the
resolution, being one of permanent ma
ture, could not be passed without unani-
nous consent until it had laid over untir
another meeting; that the meeting yester-
day morning was simply an adjourned
meeting from the last regular session as
was the one last night; that all three are
parts of one and the same meeting, and
the resolution could not be legally passed
In other words. his advice was that until
the North Birmingham council does some
thing at least in the neighborhood of a.
legal action, there would be no necessity
for any injunction.
Mr. Shropshire said late last night, MY
experience with the Birmingham City
Council gives me ground for the state
ment that the action last night was abso-
lutely illegal and will not stand in any
court
Marriage Licenses Issued.