The Birmingham age-herald., 1911-12-01
WEATHERLY WILL
 DEFINE POSITION Says He Believes Firmly in
 Referendum BOTH ARE CONTRACTS Thinks Transfer Matter Should Go Before the People If the Light ing Question Is to Be
 Submitted
 
BOTH ARE CONTRACTS

It is believed that the most important communication yet made as to the pro-
 posed Birmingham Railway, Light and Power company lighting contract, which | is just now agitating friends of the com mission and the citizens as a whole, will be that of Commissioner James Weath- erly, which Is scheduled to be given to the press and the public today at noon.
 The statement of MT. Weatherly. 1t is said, will go fully into the present con- troversy with the Birmingham Railway, Light and Power company, and will deal with the two contracts, one of them as to transfers and the other as to the mu-
 nicipal and city lighting. MT. Weatherly said last night that he had been engaged in preparing the observations for some time and that he hoped to explain fully and to the general satisfaction of the peo- l pie why he voted for the measure and why a majority of the commission was compelled to adopt the contracts, with | Commissioner A. o. Lane on the nega- 1 tive.
 1 Last night Commissioner weatherly said that he wanted to go on record at UllC6 T6BdTu1IB ll1e COUlTdCl. IIo Sdlu 'I believe if the transfer matter is a contract, then the lightning endenture Is
 contract. For the life of me, cannot see how the two can be one contract
 and the other franchise.
 Tn reference to the proposition of in- voking the referendum want to say now that I have not nor shall I offer the slightest objection to the reference of the question to the people by referendum. believe in the referendum of our bill and furthermore, I believe the people should pass upon those propositions that effect them most.
 'I shall not, in my statement on this
 natter, give my legal opinion as to whether the Birmingham Railway, Light and Power company contract is fran chise or whether the referendum can be legally applied. That is not up to me-
 Further than my statement that I am for a referendum on all public matters of any consequence, that is as far as I intend to go I will add, however, that if my name as qualified sworn voter is required to get up the 1000 names for a referendum, I shall sign the call. How ever, I will turn, right around and vote for sustaining that measure, believing that 1t Is a good trade"
 The statement that MT. Weatherly in tends to make today will no doubt refer to the fact that Commissioner A. O. Lane originally asked only for reduc ton of the fare to Ensley and not one reference was made to the transfers. He
 will widen the scope of his formal ex- plantation offered before the contract was approved, which was in effect that he
 was of the opinion that for the majority of the people the contract was best While 1t Is not known whether Mir Weatherly will refer to it, he is of the opinion that if the lighting contract is re ferred to the people then the transfer contract executed on the same day should also be referred to the voters.
 In connection with the Birmingham Railway, Light and Power company sit uation Commissioner Lane said yester- day that the referendum would be in yoked unless stopped by some court of competent jurisdiction and that the opin- fen of the city attorney would not be taken as a guide for the commission so far as he was concerned, although he
 1as high regard for Captain Boyd.
 Judge Lane believed that the referen- dunn may be invoked and that nothing but the courts can stop 1t.
 In the past the opinion of the city att torney has generally guided the commits sioners, except the bond issue proposi- ton, when Captain Boyd, it is said. was ,tot followed by the commissioners, the result being serious legal complications in New York.