The Birmingham age-herald., 1911-01-11
C|TY'S ANSWER IN
 v|ADUCT PETITION General Denial Made of the
 Allegations IN HANDS OF THE MAYOR City Attorney Takes Special Exception to Items in Petition Bearing on the Financial Status of
 the City
IN HANDS OF THE MAYOR

City Attorney Romaine Boyd yesterday completed the answer of the aldermen to the petition of Gaetanina Scaccia, for an injunction, which is the first attempt of the aldermen to defend their position on the viaduct agreement. It is clear and concise array of the reasons for ac- cepting the viaduct proposition.
 The principal objection 10 the injunction is in the fact that the contract will not be executed by the council, but by the Mayor, and that the aldermen do not know what action he will take.
 The answer sets out among other things:
 ''Defendants are informed and believe and on such information and belief aver that said city Is authorized to provide for and to assist in the construction in whole or in part of all necessary bridges and vaducts in the corporate limits of said city; that said viaducts are highly necessary for the proper protection of the lives of many thousands of the citizens of Birmingham; that the locality of said proposed viaduct is human death trap, being a network of numerous railroad tracks and switches and street car tracks; that these tracks have been there for many years and that, as long as the new Terminal station remains where it Is most of said tracks will remain where they are; that the grade crossings at said point are probably the most dangerous in Alabama that repeated accidents have occurred there and number of lives lost that thousands of citizens pass said crossings each day in street cars or wagons or on foot and that what has happened in the past will likely happen again unless said conditions are remedied by viaducts; that repeated efforts have been made to secure the construction Of viaducts of said location, but negotia- tions have always fallen through until the present proposed agreement was final ly obtained. after 1t seemed impossible for the different companies interested TO get together-that said viaduct on First avenue will extend for eight or nine blocks and the expense of constructing the viaduct proper will be very large; that reasonable differences of opinion ex- isted as to the extent of the liability of the railroads in the construction of said viaduct under the new statute and that the street car company was exempted by the statute altogether; that appeals would lie under said statute to the chancery courts and the supreme court and that the only certain result of a resort to liti- gation would be another long delay in ob- taining the viaduct; that the conditions
 
 that the proposed agreement reached will if consummated at last insure the build ing of the viaducts at the earliest pos sble time and on equitable terms.
 Covers Five Years
 And defendants are further informed and believe, and on such information and belief, aver that if said viaduct is built under the first clause of Section of said proposed agreement that said city will be indebted therefor, including damages in the sum of about $1000OO, the payments for same to extend over a period of five years, without interest, and defend- ants deny that said indebtedness would be in legal effect temporary loan to be repaid in eight months as alleged in said bill.
 And defendants are informed and be- lieve, and on such information and be- lief deny the allegation of said bill that the annual revenue of said city will not exceed $1.250.0O0, and that said city owes temporary loans to be repaid in 12 months to an amount exceeding $50000O in excess of any funds which 1t now has on hand available for the purpose of paying same and that by said proposed contract said municipality will incur further liabilities in the way of temporary loans and float ing lebt in excess of the limitation pro- vided by Section 14S0 of the code and sec tion 225 of the constitution of Alabama, and said defendants hereto attach an af- fldavit marked Exhibit A of the city auditor of Birmingham, showing that said city's indebtedness is more than $2.- Oo0,OOo under the limit fixed by the con stitution.
 Expenses of City
 "Defendants are informed and believe, and on such information and belief deny that the annual expenses of said city gov ernment necessarily exceed g, 400 ,000. and that the deficit for the fiscal year will ex- ceed s9O0.0oo. Defendants are not in formed as to whether or not said munich pality, in order to administer it's affairs and pay its actual necessary expenses and interest, will have to begin borrowing money by March 1, 1911. but defendants are informed and believe. and on such information and belief deny that the total available revenue for the current calendar year will be consumed in paying necessary expenses and interest by June 30, 1911 Defendants are informed and