The Birmingham age-herald., 1910-11-27
TIDEWATER MEN SUBMIT ANSWER TO OBJECTIONS
 MADE IN MAYORS VETO
Maintain They Have Financial Backing to Build Line Intend to Operate Competitive Street Railway Line and Fifth Avenue Is Only Available Street In City Not
 Held By Another Company

Mir j. M. Dewberry had not returned to the city, but certain of the Tidewater stockholders authorized the following written statement
 Mayor Exum reached his conclusions on the Tidewater franchise so late on Satur- day afternoon that we were unable to se- cure copy of his communication to the City Council. We were afforded hur- ried reading of the original paper and, assuming that full copies were delivered to the press for publication, we desire to make this answer to so much of the com munieation as pertains, not to the terms of the franchise. but to the personnel and good faith of those requesting it's adop- ton, and to the only two objections of fered.
 A large portion of the communication is devoted to the expression of MT. Ex- um's personal belief that the granting of the franchise would not, in spite of that requirement. in the franchise, result in reduced fares to Ensley; in short, what is referred to as MT Dewberlsy's enter prise' does not seem to him to have the backing required for it's assured success.
 This attitude of the Mayor is one that cannot be answered finally until def1n- te opportunity to make good is afforded those who have expended a large sum in the efforts which have finally resulted in a solvent and capable underwriting of the HIOpOSlllDu I-AuiAl iins' ootai shown definite commitments by banking firms of absolutely unquestioned financial strength. If he still remains skeptical. our only possible answer is the request that we be put to the proof
 We unhesitatingly credit MT. Exum with the utmost good faith in reaching his conclusions, but we demand credit for the same good faith in the express represen- tations we have made.
 We do not intend to see the efforts of years. heavy financial investment, and bona fide desire to further the welfare of the city exploded by the circulation of false warnings" by influences necessari- ly hostile to the public interests. or by the honest and uncaled for skepticism of public officials. With this preface, we desire briefly to intrude upon the public our opinion to the two tangible objee- tions advanced by MT. Exum
 Freight
 His first objection is that the carriage of freight is permitted over disconnected portions of the line. and the purpose and objects of the enterprise are referred to as establishing the unlimited carriage of freight along these several portions. As matter of fact, there has never been any intention, nor would 1t be possible even with the property owners consent to transport freight over more than an inconsiderable portion of the line covered by this franchise. We have always seri- ously doubted the practicabilty of carry ing freight over any of the route granted. Certainly the Mayor has overlooked the fact that no railroad can acquire from city the right to transport freight with out the consent of the abutting owner or without condemning and paying for the privilege The Seaboard Air Line was granted the franchise of operating along Avenue A Did that deprive any owner of his right to compensation? On the contrary, 1t Is well known that one abut- ting owner received $40, GOO for a grant of the privilege Hence the unexplained statement that this franchise authorizes the operation of freight slong any por- ton of the line is to be received with the explanation that jury of 12 men must first say how much the railroad shall pay for the right. We doubt seriously if the haulage of freight over any one of these broken stretches of the line would rot entail a greater cost than the pur- chase of a 1Oo-foot right-of-way. We in- sist emphatically that the freight buga- boo is not sufficient to throttle the vast benefit this district would receive from the line. We scrupulously adhered to the terms of the former grants, passed by the several municipalities after careful consideration.
 Time for Operation
 The only other tangible objection we re- call Is that the franchise is indefinite as to the requirement whether cars were to be operated or the entire line within one year or merely on Fifth avenue within that period. The objection is based more on want of faith in our own good faith than anything in the franchise. We hold that the franchise requires usage of the entire line within one year. We have stated to MT. Exum that it was so pro- vided in the contracts with our bankers, and that we would cheerfully incorporate the provision in the contract which the ordinance requires him to sign. The ob-