The Birmingham age-herald., 1911-10-25
ALI THREE ID WORK ON FIVE CENT FARE The City Commission Takes
 Formal Action JUDGE LANE DISSENTS Exum and Weatherly Are Willing to Postpone Question of Freight Hauling on the
 Streets

The city commissioners as a whole were appointed yesterday to take up with the Birmingham Railway. Light and Power company the cent car fare proposition, and other questions be- tween the city and company, excepting that of freight service on the city streets. The appointment was made through d resolution introduced by Commissioner James Weatherly. Com missioner Lane offered an amendment asking that the question of the com pany's right to use the streets for freight service be included. The amend ment was laid upon the table by Com missioners Lane and Exum whereupon Commissioner Lane voted against the original resolution.
 The commissioners. 1t is taken will invite another conference with the Bir- mingham Railway, Light and Power company officials. No date has been fixed. Officials of the Birmingham Railway Light and Power company had no comment to make yesterday on the step taken.
 The resolution embodying the one in troduced several months ago follows:
 Be 1t resolved by the Board of Com missioners of the city of Birmingham, that
 Whereas, on May 6, 1911, this board passed the following resolution, to- wit:
 Be it resolved by the Board of Com missioners of Birmingham, that the Birmingham Railway, Light and Power company be- and it Is hereby requested, from and after this date, to carry pas sengers over it's lines between Wylam and Nineteenth street in Birmingham, and between Ensley and Nineteenth street in Birmingham, and between Pratt City and Nineteenth street in Birmingha and between intermediate points between said Wylam Ensley and Pratt City and Nineteenth street in Bir- mingham, at the rate of cents for each passenger, this rate to apply in each directions provided, further, that it is the sense of this board that all rules of transfers heretofore observed shall continue, and not be affected by this resolution; and
 "Whereas, Shortly thereafter, the Bir- mingham Railway, Light and Power company, in writing, declined to con- form to the request of this board, and has continuously since declined to recede from such position; and
 "Whereas, it is the sense of this board that it has no legal power or iurisdic- ton to regulate or fix the rates of fare of the company without it's consent, but that such power has been placed, if at all, by the legislature in the railroad commission; and
 Whereas, the company contends that it's contract with the city in the year 1900 protects it from being compelled or required to extend the cent fare limits so as to include Ensley, Pratt City or Vivian. and any contest between the city and the company before the railroad commission or in the courts on the ques- ton of fares would indefinitely postpone relief to the people; and
 "Whereas, it is the sense of this board that the concession of cent fare
 between the points named can probably be secured from the company by ami cable adjustment in connection with oth- CT matters such as the reduction of the cost of electric lighting to the city and tho citizens of Birmingham.
 "Now, therefore, be it resolved, That the three members of this board be, and they are hereby constituted and appoint ed a committee of the whole to negotiate with the Birmingham Railway, Light and Power company for the obtaining of such concession in the matter of q 5 cent fare between the points named, in con nection with any and all other matters which it may be thought desirable or necessary to be considered by the com- mittee towards securing such concession.
 Resolved, further. That the commit tee hereby appointed shall report as soon as practicable, it's conclusions or recom- mendations to this board.'