The Birmingham age-herald., 1911-03-17
WADUCT HANGS BY A SLENDER THREAD Passage of Bill Thought Ex- tremely Improbable PERCY BIG FACTOR Stand Taken By Jefferson Repre- sentative Causes Fear and the
 Railroads Are Appealed
 to for Aid
Fly CLYDE ENNIS

the agreement between the city of Bir- and the railroads regarding the construction of a viaduct near the Sloss furnace is in critical straits, and it is said to be matter of grave doubt whether the proposed viaduct measure will pass the house of representatives.
 It was currently rumored yesterday that the fate of the viaduct measure is seemingly so imminent that the rail- officials in getting the measure passed before the lawmakers adjourn
 The agreement has up to this time been sponsored solely by the city of Birmingham. 8 1t was stated that the city was more concerned than the rail gomery this morning the railroad rep resentatives will get busy among their friends and endeavor to secure the pas sage of the measure.
 The fate of the vaduct measure is of grave importance to this city as the railroads will not build any viaducts until the legislature confers upon the city the right to close certain streets perpetually from use. This power of confirmation is the gist of the bill be- fore the lawmakers, which has the hearty support of the city, but from what was waited into Birmingham yes terday from Montgomery there are se- rious doubts of the final authorization of that eonferring power. It is stated that the city committee realizing the the railroads to come to their aid, which appeal was answered yesterday by the appearance in Montgomery of representatives of the corporations in- terested in viaduct construction.
 From what could be learned yesterday Representative Walker Percy, who caused the bill to be postponed one week ago before the house committee, is not enamored with the provisions of the bill. He is quoted as having taken the position that in his commits
 
 railroads must be referred to the peo- pie provided the length exceeds cer- tain point It is said that MT. Prey has been unable to ascertain the differ ence between closing the streets want ed and the granting of a franchise. MT Percy is further said to be of the opin- ion that it would be inconsistent to approve a measure so conflicting with the provisions of his own creation, that being the commission bll which has passed both houses.
 Inasmuch as MT. Percy wields a po- tent influence in the lower house, and the upper for that matter, his attitude has caused apprehension on the part of the city officials. Emssaries were hastily sent to him and they argued that the closing of streets was not a franchise, but simply a concession. It has not been learned whether MT Percy has yielded to the arguments made to him in this connection. The belief is, however, that he has not changed his attitude.
 It is stated that if MT. Percy fails to grasp the difference between tho two points of view that the city of ficials and the railroads combined will cndeavor to pass the bill over his head although such an effort would not be in line with the past relations of the two interests.
 It was stated yesterday that Presi- dent Ford of the Birmingham Railway, Light and Power company, John P. Tillman, attorney for the Louisville and Nashville and Seaboard; Edward D. Smith of the Alabama Great Southern ana Sloss company representatives have been trying very hard to get the law makers reconciled to the provisions Of the bill.
 Despite the efforts of the city ofri- cials and the committee from the coun- cil framing the agreement apparently no impression has been made upon MT. Percy. who is said to be very seri- ously opposed to the viaduct measure In its present shape.
 The railroads here are. said to be interested only to the extent of rem derlng WndlcNoT lIlchuiy oiu s'AS' H'N' possess to the city in carrying out their agreement The officials here state that at the beginning of the fight it was thought best to permit the city to handle the matter. because some people would probably. have miscon- strued the activities of the railroad agents. However. the city officials felt called upon to request aid of the railroads who no doubt possess few friends among the lawmakers.
 Mai. Edward D. Smith, attorney for the Alabama Great Southern railroad left yesterday for Montgomery to take part in rescuing the viaduct measure from its alleged impending fate. He said there was nothing significant in his trip but that he was going In the interest of the revenue bill. However, his friends believe the viaduct trouble has called for his trip to the capital.
 Among the aldermen, city officials and citizens generally interested in the construction of the viaduct the past agreement is held to be very fair' There have been no serious features in jected according to some opinions, but there has been a great ceal of oppo- sition to the feature permitting the city to close certain streets from use.
 Mayor Culpepper Exum, who wishes to see the law enacted giving the city the right to close the streets. Is put ting up game fight for the bill and his friends are fighting for him with all their power. Walter Moore. Alder
 in,