The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1911-02-02

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The. City Council postponed action on
almost every important matter last night.
The whole proceeding was simply the
routine of adopting committee reports.
The feature of these reports was con-
tanned in the last line of the report from
the judiciary committee, I'VE recommend
that the city attorney be instructed to
notify the Birmingham Railway, Light
and Power company that they have no
franchise allowing them to operate
freight trains in the city of Birming-
ham,
Just what it means the lawyers of the
Birmingham Railway, Light and Power
company will have to determine. It does
rot require the company to make appli-
cation for a franchise or to discontinue
its freight trains The purport seems
simply to be 10 inform the company of
the result of the city attorneys investi-
cation.
1T is the purpose of Alderman Stern,
who started the agitation, to force the
company to put on a fve-cent fare to
Ensley and Pratt City before allowing the
fl eight car franchise, but that matter was
not discussed in the committee and will
be live wire if it ever comes up. Just
what the Birmingham Railway, Light
and Power company will do with the I'm
formation" which the council has ex
tended Is a question which time will set
tie.
Here is City Attorney Romano Boyd's
opinion on the subject:
I'm the matter of attached resolution
relating to the Birmingham Railway,
7 t<rht
amined the various franchise ordinances
OF this company, and its predecessors,
and have failed to find any ordinance or
resolution granting authority to said COM
pany to use the streets or other high
ways of the city in the business Of trans
porting freight or as common carrier.
II am therefore, of the opinion that
said company does not have such right.
"As regards the removal by rail of Gin
ders and ashes from the powerhouse of
said company | am of the opinion that
such right exists. as an incident to the
operation of the powerhouse, but same is
subject to regulation by the city as to
route and hours of such removal. Re-
spectfully sumbtted.
ROMANO BOYD"
Other matters of Importance which were
pending went over. The judiciary COM
mittee heard the committee of the Cham
her of Commerce, headed by Sidney j.
Bowie, on the question of exempting new
industries from taxation for period of
ten years. The committee was unani-
mously in favor OF the ordinance, but the
ordinance had to be referred to the city
attorney for redrafting. The questions
of the size of the industry, the amount
OF land to be exempted, whether brew
cries established, If the liquor traffic Is
restored, shall be exempted, and other
points we're brought up.
ILL., int Of n Po i'm
dinance for the segregation of the races,
this matter last went over to allow the
city attorney to redraft the ordinance,
using the good points of the Baltimore
law.
All other matters of Importance are
found in the committee reports. Under
the formality of making final the as
sessments on the East Lake improvement
ordinances Attorney Nathan l.. Miller
was present and attempted to set hear
ing, but was referred to the special COM
mittee on assessments Alderman Wal
ter Moore called attention to the TACT
that the street railway company has paid
no attention to the request of the city
that the company bring the grade of the
paving and roadway between the tracks
of the company up to the level of the
tracks. Mr. Moore said that the condi-
ton of Twentieth street hill is fearful
and dangerous.
All other details are IOunu III Tue coiH-
mittee reports:
That assessments under Improvement
ordinances Nos 92 East Lake. 104 East
Lake, 100 East Lake. 100 East Lake
and 118 East Lake be confirmed.
That confirmation of Improvement or
dinances Nos 5SS be postponed until
the next regular meeting, February
is, 1911.
That petition of J. P. Brent, fire.
man, for time lost on account of injury
while on duty be granted by unani-
nous consent.
That ordinance providing for the pay.
ment of bills and pay rolls be adopt
ed by unanimous consent.
That all other matters go over,
Report of Finance Committee
Present: Aldermen Williams, j. f.,
Brown, Gibson, Huddleston, Macarthur,
Moore, Perdue, Rogers, Smith. Stern.
Absent: Alderman Gregg.
Alderman Williams, acting chairman
of the judiciary committee. submitted
the following report.
That judiciary committee recon-
mends that ordinance providing for the
segregation of the races De referred
to the city attorney and Alderman Hud-
dleston for report.
That the recommendation CT the city
attorney relative to claim of Bains
Brothers Investment company be con-
Cured in and said claim be settled for
4 ~ b.