The Birmingham age-herald., 1911-11-30
CAN CONTRACT BE CALLED FRANCHISE? Keen Interest Taken in Ref
 erendum Doubts MIR. LANES OPINION Commissioner and Chancellor Car michael Say Referendum Will Apply-Percy Will Make State
 ment Soon


 ment Soon
 The doubt surrounding the proposed rel erendum in regard to the contract re- gently made between the city commas sioners and the Birmingham Railway Light and Power company, created m tense interest in Birmingham yesterday Although Commissioner A. o. Lane and Chancellor Carmichael, two lawyers whose opinions demand careful attention and respect, say that the agreement IS in all essentials 0 franchise, yet the wording of the executed indenture e1- pressly calls that ordinance contract
 At the conclusion of the contract be- tween the city and the company as 10 the lighting of city arc lights ana the current for private consumers the fol- lowing language is used and so appears on the minutes of the city commission:
 And it is further understood and agreed that the city shall have, and u is hereby granted, the right of access at seasonable times to the books and rec ords of the company for the purpose or checking the charges made to the clty and the company's customers under this contract, to the extent that may be nec- essary.
 And it is further understood and agreed between the parties that the con- tract between the parties for lighting the streets and public places of the city by arc lights and which by it's terms ex- pires on the 1st day of September, 1915, shall stand annulled on the 1st day of April, 1912.
 And it is further understood and agreed that this indenture shall not be construed to grant to the company franchise to do any kind or character of business, which it has not the lawful right now to do, and that it shall not be contsrued to alter or amend any fran chse heretofore granted by the city to the company.
 Have Long Franchise
 The Birmingham Railway, Light and Power company has a franchise now to engage in the lighting business on the streets of Birmingham, which is valid for a long term of years. The recently executed contract, 1t is said, does not disturb that franchise or amend it in any way
 Commissioner A. o. Lane, who is lead ing the fight against the contract, said yesterday:
 "Chancellor Carmichael, lawyer of wide knowledge, says that tho referen- dunn may be invoked on this proposi- hott Ban lo,t fn, rf,ar 1xr years and l am firmly convinced that the referendum will apply here. I am determined by every means and power that l possess to see that the people are given the right to pass upon the con tract I will not stop fighting 1t until the rights of the people are safeguard ed and they themselves pass upon the contract l have the highest opinion for the attorneys who differ as to this prop osition, but I think they err. It is true that the indenture was drawn by most capable lawyers and with infinite skill, yet I do not think it is beyond the reach of the commission act which provides for referendums.'
 While the Birmingham Railway, Light and Power company attorneys will not be quoted on the question raised as to the referendum. it Is said they are of the opinion that the indenture is only a con Walker Percy, who drew the commission bill, said yesterday that on account of the public interest in the matter he would express his opinion within a few days. MT. Percy left the city yesterday for a vacation extending two or three days and when he returns to the city the sponsor of the commission will will no doubt give his idea as to the meaning of section of his law and it's relations to the inden- and Power company
 Referendum Plans Go On
 Although there is much interest in the doubts regarding the referendum, the plans for the invocation of that safety clutch continue unabated. It is said that a great many signatures have been se- cured, accompanied by the proper kind of affidavit, and that the citizens of Ensley and Wylam are busily engaged in further ing the referendum cause.
 In the next few days it is claimed the full number of signatures will have been secured for invoking the referendum cleo tion and then will be presented to the commissioners. It is believed the matter will be delayed until President Culpepper Exum returns to the city. It is believed the opinion of Capt. Romaine Boyd as to the proper use of the referendum will guide the commission in determining whether or not the referendum may be used in connection with the Birmingham Railway. Light and Power company in- denture. If he says the contract is con- tract and not franchise. the commission CTS may disallow the referendum petition Whether the question will end there or not is the topic for speculation
 Taken altogether, the whole affair is