The Birmingham age-herald., 1910-11-22
Q the Editor of The Age-Herald:

To the Editor of The Age Herald:
 Sir: A number of my friends, know ing of my financial and general interest in the Tidewater line, have made inquiry of me as to the accuracy of certain re- markable statements made by those seek ing to prevent the construction of the line. Certain of the local parties direct ly interested will be absent most of the week with the gentlemen who have pur- chased Dauphin Fisland and have under taken it's conversion into a deep water terminal under perpetual franchise re- gently granted by Congress on the rec ommendation of the department of engin- eers. Definite engagements will entail my absence from the city for part of the week. wish, therefore, to- take this op- portunity to explode certain stupid or vicious canards with reference to the franchise and the work l have knowl- edge of the facts from the beginning. have invested in the enterprise and I am responsible for a material portion of the legal work. As stated. know the facts. I wish to state, first, that the construction of the entire work on a scale not originally hoped for is, in my opin- ion, an immediate certainty. I violate no professional confidence when I state that I am directed to perfect the organization of the Dauphin companies immediately, on a sound DdSlS, WHICH VIII aucqudtciy provide for the construction of the deep water terminal of our project in Mo bile bay and It's connection by rail with Mobile and by barge with the entire ex- tent of the Alabama and Warrior rivers. I need make no statement as to the bona fides of the plans for the work from East Lake to Bessemer and from Bessemer to Tuscaloosa. Mayor Exum and all others. whose desire for information is not an ir,,r, artf, Iox laa r1aqad in session of the facts. We purposely in ccrporated in the consolidated franchise a provision annulling the grant unless work should begin practically at once. We want only opportunity-not time.
 The question then, is not one of trifiing with the city, but whether or not the city Is to assume the attitude of grant, ing franchises/ during a period when financial disaster and intrigue made our efforts of no avail, only to withhold them when, after heavy investment and an indomitable fight, we make good and tender development second only to the Steel corporation's extensions in the dis- trict. It is quite true that there is no legal burden upon the city to afford us the opportunity of completing the work The policy of one council may be ignored by the next; but, as declared by the United States supreme court, We natur- ally look to the action of a sovereign state to be characterized by more scrupulous regard to justice and high CT morality than belongs to the ordf- nary transactions of individuals
 It was doubtless upon this consider ation and under the fixed conviction that the line is indispensable to the future of Birmingham that the coun- cil passed the franchise by practice ally unanimous vote. In this action they were justified by the closest scrutiny of the facts. ssr
 It is said that by the forfeiture Of s20,000 we secure an indefinite option on the franchise. That statement is false. That sum is required as de- posit to secure the restoration of the Fifth avenue pavement. To that ex- tent it is a hostage to the good faith of the actual beginning of work. The full protection to the city against de- layed construction is the requirement.