The Birmingham age-herald., 1911-05-07

! flow house for each performance. MT. IIolcombe says he thinks that before the end of this week every seat at the Orpheum will be sold
 
 1 said he would vote for the resolution and then continued as follows:
 T am going to vote for this resolu- l tion simply to bring this matter to a head. As originally proposed it re- l quires the Birmingham Railway, Light and Power company to inaugurate 5-cent fare between these points. could not have voted for that resolu- ton in that form; I know, as I stated at the outset, that this commission has not got the direct power to enforce | regulation fixing fare that power is | lodged in the legislature of the state l of Alabama to be exercised through the | legislative body. It can delegate it to | any other subordinate body 1t pleases | to delegate it to; it has seen fit to ] delegate it to the railroad commission, | in my judgment.
 1 50 that If the city of Birmingham, the 1 people of the city. or this board, want | the exercise of direct power to get this | reduced rate this matter should be taken 1 before the railroad commission, which Is the only body in my judgment which | has the power to act upon it, so far as | making a specific order requiring a spe- cihc rate to be established; I will willing | ly be party to any movement by peti- | tion of this board if necessary, to bring | this matter before the railroad commits sion, which body Is given ample power to | get all the evidence, have brought be- fore it all the books and accounts of the l Birmingham Railway. Light and Power company, subpoenae witnesses, and to do any and every other thing necessary to bring about an exhaustive inquiry into | this whole situation; the making of fares 1 Is something I do not understand-why one fare should be charged for one local | ity and another fare for another all the l clements that enter into that situation I know nothing about. l therefore do not I consider myself competent to pass judg ment on whether this 5-cent rate between | these limits is correct. Personally, I would like very much to see a 5-cent l fare established; ] can see very well how these people would want 5-cent l fare, and I can see very well how it 1 works to their Injury not to have a D. | cent fare in many, many ways; I can | see many ways how 1t might be good | business policy on the part of the Bir- mingham Railway, Light and Power com pany to fix a 5-cent fare between those | points.
 Will Vote for It
 1 I this resolution in the form that it is pre- scented to this board. It is a request made upon the street railway company at and 1 after the date of passage to put the 5- cent fare into force. I am in favor of 1 the request. At the same time l think It | is proper to state and review some of the remarks made by Judge Lane, for whom I have the greatest respect and the greatest friendship He speaks of favors granted by the city which have been given heretofore, and speaks of 1t l as being a reason of granting of favors to the city by the railroad or the people l of the city by the railroad. Now, I l have got some fixed convictions about 1 that: don't believe in granting favors at all; I don't think that the relations between any public service corporation, | railroad or what not. and tho city gov- ernment should be based on favors. l 1 think 1t should be a matter of right, law and justice.
 l this fare and l demand 1t as right, not as favor. I think the Birming- l ham Railway, Light and Power com pany should pay for everything 1t gets l from the city. franchise or what not, and we should make them pay well for any privilege that they may hereafter get, and I know this will be the policy | of this board. Now, as to whether or not anything should be granted to the Birmingham Railway, Light and Power | company hereafter why l prefer to cross each bridge when I come to 1t. Positively I shall not vote for any fa- vors. but if they ask or petition for some matter connected with the bus mess, if it Is in the nature of a right or provilege or franchise. consider 1t | on its merits as a business proposition and make them pay for 1t.
 T would not like to be a party to holding up any public utility or any man. woman or child in this commun- | ity and refusing to grant them any thing whatever no matter what the merits because they didn't grant me something just now. l don't think that is good, sound business policy. I think we are in very good position If the Birmingham Railway. Light and Power company shows disposition to be arbi- trary, we would be in very good po- sition.
 | If tn ere was any arbitrariness about 1 1t we could construe matters they ask for rather strictly We have got some power, as Judge Lane has said. There l isn't any doubt about that. This com mission has got a greater power than any board of aldermen has ever pos sessed In the city 1t has a power wielJ- 1 ed with direct responsibility to the peo- pie of this community; whatever we do We are responsible for, but 1t is power | that must be Yielded Tn the most care . | fu manner If we wield 1t according to Justice, and the way 1t is down in these books must constitute our power Now, that is just simply by the way In the main as on the essential propo- sition here before us today. l am heart | lily in favor of that point; it is a re- quest on the mingham Railway, | Light and Power company to give these 1 people 8 5-cent fare; as to what shall be done hereafter. whether they shall refuse the request. l don't know; but what shall be done hereafter is a mat ter for future consideration"
 In answer to MT. Weatherly Judge Lane said:
 l MT. President. I just want to make one little reply to my friend, for whom he says he has the warmest friendship, but he overlooked one thing. We have not got to grant a right or franchise or anything. not even to this company, al. | though they have almost got the whole l town now. AS far l am concerned, want to say now while have the friend Hest feeling for the company and its off cers and particularly its attorneys. all of | Its attorneys, but whenever they come