The Birmingham age-herald., 1911-05-12

l
 
 Tn formal note to the Birmingham Board of Commissioners, forwarded yes l terday, President A. H. Ford of the Bir- mingham Railway, Light and Power conl- pany declines to grant a 5-cent fare be- tween Ensley, Pratt City and Birming- ham.
 | In his reply to the commissions request 1 for the lower rate MT. Ford says that his company will demand all it's rights as citizen of this city and a corporate crea- ture created by the laws of the state. MT. Ford points out that his company has granted innumerable concessions to the city, but they have been almost without exception granted voluntarily and not un- der the lash of the laws
 The statement follows:
 | Birmingham. May Il, 1911
 ITO the Honorable Board of Commission | CTS of the city of Birmingham:
 "On the 9th inst. we appeared before you in reference to the resolution pending before you purporting to require us to reduce the rate of fare between Birming- ham. Pratt City and Ensley to cents without transfer privileges. After appear ing, we learned that the resolution has been amended so as to request, instead of undertaking to require us to make the re- duction and so as to include Wylam in the ppeposed 5-cent fare limits. "Fot%some time prior to the introduce ton of the original resolution we had. in compliance with the request of MT. Exum, while mayor, and committee from the city council been giving this question | (with the exception of the Wylam line. which is an independent line about two miles long, and which had not been men toned prior to our appearance before you) our most careful consideration and with an earnest desire to establish the rate of fare desired. When your original resolution was introduced we hastened the completion of the investigation and esti- mates, which were necessary in order to reach an intelligent decision, and re- luctantly reached the conclusion that the proposed extension of the 5-cent fare limit would be inconsistent with a due regard for our own interests and necessities. We were advised by our attorneys, too, that our contract with the city gave us the absolute right to maintain the 5-cent fare limits, thereby established; that we had the right also to charge a reasonable fare beyond those limits, and that we would, by extending those limits. incur the danger of waving altogether the protec- ton of the contract in regard to rates of | fare.
 Notwithstanding all this, we offered communication tickets at the rate of four for 25 cents, and in larger numbers at slightly lower prices, or at the rate of about cents each, good for carriage be- tween Birmingham Pratt City and Ems | ley, and to keep them on sale at conven- lent places. It cannot be denied that this proposition puts a fare of about 6 cents in the convenient reach of every regular patron of the lines. and we estimate that it's acceptance will involve a loss to us of between s4500O and $50 600 per annum. 1 Protected as we are by an inviolable contract, and realizing as we do only reasonable profit from the Ensley lines on the present fare basis, we felt and still feel that this was an exceedingly liberal | offer. It Is still open for your acceptance. It Is, we feel, worthy of your careful con- sideration. It gives you 80 per cent of the reduction you ask, and it is the very best we can do.
 "If therefore, your resolution is an utimatum, we regret to say that we must respectfully decline to comply.
 Tn determining not to yield to your utimatm if such 1t be, we are fully aware that, for our course in this matter, it is amply in the power of the munich pality to sorely punish us in many other matters. which must from time to time arise, If it should ybe moved from the high and equal course, which the law enjoins on it and the people expect of it, | that 1t determine every question on its own merits, and judge every issue as right and justice demand 1t be judged. I For our part, while we will at all times insist on enjoying all the fundamental rights of citizenship guaranteed to a cor at all times be mindful that we are a | public servant, and it will be our con stant purpose and effort to do our full duty as such.
 | "Regardless of your action in this mat ter, we will meet every question as it arises on it's merits, recognizing that there is room here for an honest differ ence of opinion, as there is on most vital questions.
 We accord you and the citizens who share your views the utmost honesty of opinion, and we know that we have
 honestly and sincerely considered the question in It's every phase and in the earnest hope of granting your request. We have offered to meet you far more than half way We want to cooperate with you at all times In every reasonable Lway for the upbuilding of Birmingham, and will stand ready to do so at all times. There is no citizen more vitally interest ed than we in its welfare We suffer and prosper as it suffers and prospers.
 "In conclusion we beg to say that we cannot, for the reasons heretofore given and herein stated. include Vivian in our proposed concessions. and we beg to re,
 mind you that in our history4many con-
 sessions have been granted by us in the
 way of rates. increased facilities, multi
 piled conveniences and improved service,
 and that almost without exception. they
 have been granted voluntarily and not
 under the lash of the law. Respectfully
 yours
 BIRMINGHAM RAILWAY, LIGHT &
 POWER COMPANY.
 By A. Fl. FORD, President.