The Birmingham age-herald., 1912-10-10
MUST PAY S100,000 FOR THE FRANCHISE Exum and Weatherly Insist
 on This Price LANE IS OPPOSED Says Other Franchises Have Recently Been Granted at the Regulation
 Price of Sl00 Per
 Block

over the protest of Commissioner Lane, the city commission yesterday morning passed resolution, as result of which the street railway franchise sought by George w. Kelly and associates will he granted only upon the payment by the company to the city of Noooo annually for 10 years.
 The opposition of Judge Lane was based on his contention that 1t would be unfair for the city to charge the Kelly company such a large sum of money when the city since the Kelly company filed its petition for a franchise. has granted two street railway franchises for the regu- lation sum of s1O0 per block. One of these franchises was granted to the Tidewater company. according to Judge Lane, ana the other to the Birmingham Railway. Light and Power company, under which the latter company will double track it's line for several blocks in Norwood
 Wrangling marred the session. Judge Lane very plainly inslnuated that efforts to block the Kelly franchise were made m the interest of the Birmingham Railway Light and Power company. On this point he and Commissioner Weatherly ex- changed heated sentences.
 When the vote on the resolution was called. Judge Lane voted In the negative and Commissioners Exum and Weatherly in the affirmative.
 The Differing Views
 Commissioners Weatherly and Exum took the position that the city has given. away too many valuable franchises. or
  commemorate with their value.
 Judge Lane took the position that while 1t Is true that the city has disposed of it's franchises too 'cheaply, no discrimination should be shown .n favor of the Birming- ham Railway. Light and Power company. "Inamuch" stated Judge Lane, follow ing the meeting, "as we have granted ths Tldewater company and the Birmingham Railway. Light and Power company fran chises for $100 per block since the date on which the Kelly company petitioned for it's franchise, l do not feel ,nat We have dealt fairly with ithe latter company. It would have been just had we granted the Kelly company its franchise at the regu- lation price and then set higher valua- ton for future grants"
 As result of the passage of the resolu- tion, it is generally thought that the Kelly proposition will not materialize. Judge Lane holds views to that effect.
 The Elmwood Report
 There was strenuous opposition to the granting of the franchise. As has been reported fin The Age-Herald. there were protests filed by people interested in the
 
 rlo had made arrangements. 1t is report ed, whereby the Birmingham Railway, Light and PoweF company would extend it's tracks down Avenue r to the cemetery. Judge Lane stated yesterday afternoon that he had received information to the effect that this company was prepared to pay the Birmingham Railway. Light and Power company for this extension the sum of s20,010.
 Judge Lane states that the Kelly com pany offered to permit the Birmingham Railway, Light and Power company to use Its tracks on Avenue F for a sum to be stipulated by the city. and that the company offered to exchange transfers with the Birmingham Railway, Light and Power company.
 Final Settlement Friday
 The commission will be prepared te award the franchise to the Kelly com pany at it's meeting Friday afternoon pros vided the company agrees to pay the city .lO0o0O in annual installments of sio.oo. and agrees to pay to the city. in addition. certain percentage of it's gross receipts, As 10 whether or not the company will agree to meet the requirements of the city is unknown. At the conference yes terday. the question was asked George w. Kelly. president of the company, and he did not reply in definite terms.
 The company has been planning for some time the construction ef a line 10 operate over the Sonthside. and to use the tracks of the Tidewater company on Fifth avenue. The petition for a fran chise was filed four months ago. and since that time has been hanging fire in the headuuarters of the commission
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