The Birmingham age-herald., 1911-06-03

the proposal, was present and listened to the arguments with evident interest.
 Col. John w. Tomlinson, representing Major and Mrs. Mclaughlin. made a strong and stirring appeal against the proposal. He said:
 What the Code Says
 ''The code of Alabama provides that railroads shall construct and maintain at their own expense in cities of the size of Birmingham viaducts, bridges. etc., and empowers the city authorities to require them to do so.
 ''The code of Alabama, section 12e6, is as follows:
 " The city council, or other govern ing body of each city in the state Of Alabama having, according to the next preceding federal census. population or more than 35,O00, shall have full power and authority to require railroad com panies to construct and maintain within the city limits. viaducts, bridges and tun- nels, or parts of viaducts, bridges and tunnels, and their approaches, over, along or under their tracks, at their own ex- pense: such bridges and their approaches, tunnels or other conveniences at pub lie crossings. and such viaducts and their approaches over their tracks where the same cross or extend along pubic hlgn- ways or streets.
 ''The constitutionality of the special act of the last legislature, known as the via duct act is doubtful on two grounds:
 "First-It is in effect local bill and was never advertised as such.
 Second--It contains no method of procedure regarding damages.
 ''The viaduct act does not authorize the city authorities to close any part of Second avenue on which it Is not proposed to build any viaduct or other improvements
 "The constitution of Alabama pro- vides nor shall private property De taken for private use or for the use or corporations other than municipal with out the consent of the owner
 Slag Pile Nuisance
 "The slag pile in Second avenue has been declared a public nuisance by the supreme court of Alabama, and any act on the part of the municipal au- thorities of Birmingham interfering with pending suits by private individu- als would be unconstitutional.
 "The commissioners should not close any street to benefit any private cor poration on which it is not proposed to build any viaduct, and thereby do irrepairable injury to contiguous prop erty owners who, under the decisions of the supreme court of Alabama, can recover nos damages. although their property may dctudlly Coiuci oi eh"I part of the street closed
 "rhe tentative agreement between the city and the railroads provides that the city shall pay damages to the abutt1ng property owners; whereas, under. the laws of Alabama, the railroad com panies should bear this burden and not the city
 Under section 1296 of the code of Alabama, the city authorities have un- Ia fxrt n roads at their own expense to provide safe crossings, and the law has been held constitutional by the supreme court of Alabama. It would be safe to proceed under this provision. of the code rather than under the special act of the last legislature, the constitution ality of which is very questionable" Others Speak
 Major Ed Smith for the Alabama Great Southern railroad made a strong speech In which he replied to Alderman Huddleston. He also pointed out many reasons why the streets should be closed and why the former agreement should not be thrown aside. The hearing was adjourned after A. I. Krebs made a short statement op- posing the dedication in which he ayered that the citizens Of th1s c1ty were afraid to speak out in opposition to the plan because of indeterminate influence which he said was general and overhanging.
 L. Sevier, general agent Tor the Southern railway and allied nnes' made short statement showing now much his companies paid here monthly and how necessary were corporations to the community
 Among those who attending the near inc were. Colonel Tillman, l.. Sevier, AD. Lightner of the Frisco lines, Major Edward D. Smith, J. T. Stokely Colonei Tomlinson, MT. Huddleston and others