The Birmingham age-herald., 1910-11-27

would be benefited by the construction of any other competitive line. On the other hand. I can see very grave objections to srantr- franchises under the cover of street car facilities which might be util- ized by a through liz. of railroad for a general freight and passenger service.
 ''The ordinance in question undertakes to combine franchises for electric passen- ger service with franchises for a gen. eral freight and passenger railroad.
 "The ordinance proposes to limit the franchise on Fifth avenue, through Avondale on Underwood avenue at East Lake, on Seventh avenue in North Bir- minghan, and through Graymont, either entirely 10 passenger business or to only such freight business as to certain of said streets as the municipal authorities may permit In East Lake, except on Underwood avenue; upon the Jefferson boulevard, through Duck Pond gap, to and through Ensley, along Avenue l in Ensley from one end to the other, along the public boulevard by Shady Side, along the Springville road, the 'Possum Valley road, and through very much the larger portion of the territory covered by the proposed franchises, the franchises grant the perpetual unrestricted right to the op- eration of freight and Flssenger trains.
 Consider Property Owners
 "The rights and wishes of the abutting property owners along --ys proposed line should be carefully " 1ered. Person. ally I do not think there is today much foundation for the sentiment against the construction of street car line on Fifth avenue It is a business street, no longer q residence boulevard. The ad- visa bi1ity of using the subway under the Terminal station by any street car line, and it's effect upon the use of the sub way by vehicles, should be carefully weighed. But without at this time pass ing finally on these matters, I wish to an nounce my determined and unalterabe opposition to the attempt made by tho promoters of the Tidewater Railroad company to obtain perpetual franchises through a large number of the best streets and highways of Greater Bir- mingham for a. general freight and pas senger business and as link in through line of railroad Much work has been done on many of these streets and highways, largely at the expense of the abutting property owners in an effort to develop them as boulevards for horses and vehicles. With few exceptions 1t is to the interest of the public that streets should be used not only by vehicles and automobiles. but as far as practicable by street cars, because this use Of the streets does not materially interfere with their use for other public purposes. but cannot consent that miles and miles of the best avenues and highways in Bir- mingham shall be turned over to these applicants, or to any other corporation. as rights of way for through lines of rail roads for the handling of freight and pas sengers The use of any thoroughfare for switching purposes. or for through haul of freight and passengers by raii- road company, practically ousts the pub 4l Af "a h. fare for horses, vehicles and similar pur- poses.
 Without Compensation
 "The promoters of the Tidewater Railroad company have sought fran chises covering approximately 300 city blocks, measuring total distance of more than 50 miles, along the public highways of the city, asking without compensation for the perpetual use of sion of street car facilities. but for the transaction of the business of a through line of railroad.
 q lay but little stress upon the fact that the Tidewater railroad seeks to escape the payment of the usual compensation of $100 per block. l earnestly submit that 10 times this ple of Greater Birmingham for the conversion desired by this franchise of its streets and avenues into a per manent right of way of general freight and passenger railroad. As 0 general proposition the public high ways of this city should no longer be given to freight and passenger railroads for rights of way. There will always be short stretches of particu- lar streets suitable only for manufac- turing or wholesale purposes where the construction of railroad tracks should be permitted In the public in- terest: but beyond these, lines of rail- road entering the city of Birming ham should be prepared to acquire. by purchase or condemnation. the great bulk of their rights of way and ter minals.
 Had the proposition been present ed clearly and boldly to your honor able body to turn over the streets and highways enumerated in this franchise for a general freight and passenger business for through line of railroad. I do not believe you would have considered 1t for moment. This important and far-reaching feature of the franchise has been obscured by the minor. controversy of whether or not street railroad should be per mitted on Fifth avenue.
 Asks All to Consider Them
 
 of Birmingham interested in this sub feet. and every property owner along the line proposed. to carefully conNder the proposed franchises. following the streets. block by block, over which these franchises are desired, bearing in mind that the franchises will give the right for the operation of freight trains on all of said streets, except where their operation Is in express terms prohibited: and then to consider whether the importance of another line to Gadsden and Tuscaloosa would war rant turning over to any private cor poration for general railroad purposes so many miles of our most important public highways.
 Except for a very small portion of the territory covered the franchises sought are in DC | etuitS Article 22s of our con stitution prohibits the granting by the city of Birmingham the use of its streets to street railways, or any other public utility except railroads, for longer pe- riod than 20 years. If the proposed en- terprse is to be street railroad from East Lake to Bessemer. then the fran ckises should be limited by the period which the makers of our constitution, in their wisdom, have provided.
 ''If the proposed franchises are sought as it would appear they are, in the main for a general railroad business. freghi as well as passenger. instead of for street railroad purposes. then. as I have stated I am unwilling to grant public highway. oe such extent and importance to any railroad enterprise. however desirable tt be converted into its private right o+ way.
 l. Prorrises Made Ry Underwater