The Birmingham age-herald., 1910-11-29
Majority Seems to Favor New Franchise With Objection
 able Features Out
CITIZENS DIVIDED ON
 FRANCHISE PROVISIONS
Devberry Quotes Provisions to Show It Would Re Impossible Under It to Operate Freight Cars on
 Fifth Avenue

That the City Council will sustain the Mayors veto of the Tidewater franchise was evidenced by a poll of the council members at the meeting last night It requires only II votes to sustain the Mayor, and only about a half dozen affirm their intention of voting to override the Mayor on the proposition. It would be impossible to find 20 aldermen who would vote to ride rough -shod over the veto.
 However, the councilmen all ex- pressed themselves friendly to the proposition and stated that it is now up to the Tidewater company to come before the council with a more definite and practical franchise. "If an equit- able and just franchise is presented to this board" said Alderman c. B. Mor- gan, 'it will be passed. and passed again. even over the veto of the Mayor, but I know that Mayor Exum will sign a franchise in which the interests of the city are guarded.
 We all want relief from the pres ent street car conditions, but before
 
 must have positive assurance that the line will be completed. There Is no such assurance in this franchise. l am opposed to the city's accepting the gift of the deed ta the line. for that Is simply a subterfuge by which the com pany will be relieved of paying state and county taxes. If the company real ly has financial backing.' continued Mir. Morgan. they surely have enough council and they may expect the same fair treatment.'
 Others Favor New Franchise
 Other aldermen, such as Walter Met calfe, John Williams. Barnes Morgan, Sam Stern and Dan Hogan expressed the opinion that the Tidewster com pany should prepare a new franchise in which everything is positively and definitely set forth. Mir. Dewberry. said one. will not gain anything by jumping on Mayor Exum- If he fol- lows the plan of the amendists in the recent campaign he may find himself out in the cold. ftuperation don't is- sue franchises. The people of Bir- minghsm are in sympathy with this movement but it must he done right"
 Alderman Waiter Metcalfe is of the opinion that the Tidewater company should viaduct Seventh avenue across the railroads and enter Fifth avenue by using two blocks of the Brming- ham Railway. Light and Power com pany's tracks. instead of laying tracks in the subway. Under the city's fran chise with the latter company 1t may use three blocks for the entrance of another street. car company at any time
 The alderman are all thinking about the proposition and next weeks meet ing of the council promises to be a lively one. NJ. J. Gregg is leading the fight for the adoption of the franchise with certain amendments The Mayors veto will proba bIy be sustained and the ordinance sent back to the committee to be reframed and corrected.
 Dewberry's Comments
 J. M Dewberry said yesterday that many citizens had asked him to state clearly in as few words as possible just what the Tidewater franchise provides in connection with Fifth avenue and former municipalities
 "It is amazing that reputable citizens. in this mad opposition to the franchise should overlook or ignore it's plain pro visions regarding the operation of freight