The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-07-22
FRANCHISE ASKED
. FOR STREET RAILWAY
Council In Interesting Session
Last Night
HARDNESS MATTER UP
Question Arises As To Right of Mayor
to Veto Resolutlons-Hack and
Automobile Fare Ordinance
Is Postponed.
HARDNESS MATTER UP

| other nominations for the position of
health officer to succeed the present in
cumbent, DR.. Hardness; postponing ac-
ton on the hack and automobile fare
service until after the conclusion of the
extra session of the legislature. and the
| fling of a petition from w. J. Cameron
| F. Y. Anderson, George c. Kelley and
associates for a franchise for tho oper-
alton of electric cars on a number of
streets including the condemning for
| quite distance Of the Birmingham Rail-
| way, Light and Power company tracks
| In the heart of town formed interesting
features of the council meeting last night
Even more interesting features were
the filing OF the resignation of B. H.
| Cooper. alderman from the Fifth ward {:
authorizing the expenditure of $4,000 in
| the purchase of equipment for the street
| department, and the appointing of a
| committee to investigated the charges
| against certain brick manufacturers.
The Hardness matter came up immedi-
ately after the reading of the minutes
when a letter from Mayor OBrien was
read by City Clerk Shropshire stating
4 thdL llC toulu uOt dppIOfc lit iScoiutAOu
asking the medical society to give fur
Their nominations.
| 1t will be remembered that at the last
meeting a resolution was introduced by
| Alderman Estes moving that the former
action of the council in declining to re-
| elect DR.. Hardness be rescinded. The
| vote was announced as s to against
| the motion. Another resolution was in
| troduced by Alderman Moore requesting
| the medical society to make other NOM
nations. This was passed and then it
| was discovered that the vote on the
| previous action had really been and
| g. President Harry Jones declined to
| allow the matter to be taken up again
on account of another vote having been
| taken unless some one who had voted
| in the affirmative on the last resolution
| should move that the last vote be re-
| considered and the matter put to a vote
| motion failed to come and matters
| stood as they were.
Mayor O'Brien gave this as his reason
for vetoing, expressing his belief that the
| action of the council had not been legal
President Jones arose to a question Of
1 fNAS PANACSO anu QcUleQ IlaI ne
had refused to allow the vote to be cor
| rcted
Alderman Moore expressed the belief
that the Mayor was out or order In Veto
ing the resolution, and the matter was
finally put up to City Attorney Thach
He looked up the matter and gave his
opinion to the effect that the Mayor
had no right to veto the resolution.
His opinion was given by reason of the
code stating that ali permanent resolu-
tons must be presented to the Mayor
| within 4S hours of their passage for his
| signature. permanent resolution, he
described as one which it was necessary
to publish before it became effective. AS
the resolution had not been one of this
kind he gave as his opinion that the
Mayor had no right to sign 1t either one
| way or the other.
Mayor OBrien was allowed to speak and
| he stated that he had it from the best
legal authority that he had the right
| to approve or veto these resolutions AL
| derman Gregg then arose in defense of
the decision of Attorney Thach. No one
/ made a motion and matters remained in
statu quo regarding this matter. Later
| Alderman Moore introduced a resolution
| that required the furnishing of a certi-
fed copy of the Board of Aldermens ac-
| ton in the matter to the medical society
and requesting that other nominations be
| furnished by August A. This was carried
by vote of Is to g. following a motion
Of Alderman Estes to table it, which re-
ceived no second.
The street railway franchise asked for
by Cameron and others was for 80 years.
Beginning at the city limits on the Green
Springs road the franchise desired runs
to Avenue l, along Avenue I to Eighth
| street, down Eighth street to Avenue r,
along Avenue F to Eighteenth street,
| down Eighteenth street to Avenue D.,
along Avenue D to Twenty-second street,
then along the Birmingham Railway,
Light and Power company's tracks on
Twenty-second street to Second avenue,
down Second avenue to Nineteenth street.
along Nineteenth street to First avenue
and First avenue back to Twenty-sec-
ond street 1t also asked for a franchise
along Sixteenth street from Avenue F. to
Fifteenth avenue and along Fifteenth av-
enue to Eighteenth street
| Reports of committees were as follows.
Finance and Parks and Lands.
Present: Aldermen HEIDI, Gregg, Nor
gan, O'Neil. Estes, Klotz, Copeland, j.
R.. Gambill. Collins, Mcdonald, WIZ
liamsc, Martin.
Absent: Aldermen Burnett, Hogan,
Greener.
Alderman Heidi, chairman of the COM
mittee. submitted the following report:
The finance, park and lands commit
tee recommend that the petitions of the
Lakeview School Improvement association
and residents In that vicinity to purchase
block 734 for park purposes be referred to
the Mayor, chairman of the finance COM
mittee, chairman of the park and lands
committee and aldermen from the ward
for report.
That the proposition of the Fountain
Heights Land company to sell the city
a certain tract of land for park purposes
be referred to the Mayor. chairman of the
finance committee chairman of the parks
and lands committee and aldermen from
the ward.
Sanitation and Police Committee.
Present: Aldermen Gambill, Collins.
O'Neill, Jackson, Causey, Klotz, Martin,
Gregg.
Absent: Alderman Greener.
Alderman Gambill. chairman of the san
itation and police committee, submitted
the following report:
The sanitation and police committee rec
ommend that the petition Of Second ave-
nue. citizens be reported favorably to the
| Mayor and police commission, anr request
that they take the matter up promptly
and abate nuisances complained Of.
judiciary Committee.
| Present: Aldermen Gregg Will. ~.