The Birmingham age-herald., 1912-10-30
FRANCHISE GIVEN KELLY INTERESTS BY THE COMMISSION President Exum Votes "N0.'
 Meeting Was Very
 Exciting PROTEST AGAINST
 USE OF TIDEWATER Vice President Dewberry Does Not Not Think It Fair to Permit Kelly Interests to Use Fifth Avenue
 Under Circumstances

pepper Exum was outvoted yesterday. and as a result the Kelly interests won franchise against the Birmingham Railway Light and Power company on Avenue F west of Twentieth street to the Standard oil company plant.
 After all the fine art of diplomacy pre- vailed not, and after hours of wrangling, the two associate commissioners put through resolution instructing the city attorney to draw up and report on franchise down Avenue F for the Kelly interests.
 The Birmingham Railway. Light and Power company, through resolution, win be given franchise from the inter section of the Idlewild line and Avenue II to Sixth street-Standard oil plant-to Eimwood cemetery. It is considered inn probable that the street ear company will accept that franchise.
 Was Real Meeting
 No meeting within the history of the commission has been so exciting From three angles the commissioners were bat ting to decide one of the lknottiest prob- lems ever presented to them. Hot words were passed, and had some misguided person made any sort of break the pyro- technics would probably have started. MT. Exum was testy. Commissioner Lane almost shouted his sarcasm al J. NJ. Dew berry, representing the Tidewater inter- ests, while Capt Thomas Smith asked Commissioner Weatherly a question and followed 1t up by this: 'I do not expect you to answer it." It was real meet ing.
 The hour was set specialy--3 o'clock-to pass on whether a set of petitioners headed by w. ?. G. Harding and ]. Il. McCIary should have the entire fran chise on Avenue F or whether the Kelly interests should have a franchise to the Standard oil company plant
 Those representing the Birmingham Railway, Light and Power company pleaded that for six years the 25oo prop
  wood cemetery had battled for car line. and only now was the Birmingham Rail way, Light and Power company ready and willing to build it. The fact that the Birmingham Railway, Light and Pow CT company proposed to go all the way, serve the citizens who must from mem- ory's sake and necessity visit Elmwood, that the city would acquire $50o,00o of tax able improvements in property, would acquire boulevard connecting that part with the business end of the city and would get immediate relief we're the compelling points on the part of the tax payers representing the Birmingham Railway, Light and Power company, which were shown in bold relief.
 Try to Make Peace
 The commissioners tried for several hours to make peace. They exercised every function they possessed to bring about rerouting of the Kelly railroad or the Birmingham Railway, Light and Power company, but to no end It was suggested that the Kelly line could go out on Avenue G or some other avenue. Tho Kelly representatives had facts to show
 
 the question for them. They turned down the proposal to use the Birmingham Rail way, Light and Power company tracks after they were placed
 After the session had progressed for some time J. NJ Dewberry,l vice presi dent of the Tidewater. was given an opportunity of protesting against the Kelly line using the tracks of his com pany on Fifth avenue He said that if the Kelly franchise was passed as drafted that company could begin op- erations from the Terminal station to the center of Birmingham in 2f hours without laying crosstie. He said that granting the commission a right to al low other companies to use the tracks was merely for terminal purposes. He said that serious objections were found to the Kelly line using his railroad from sixteenth street to Twenty eighth street. the whole way up Fifth avenue and under the subway at the Terminal. "It amounts to the ridewater's build- ing q line at a heavy investment for the Kelly interests" said Mir Dewber- ry. "The Tidewater does not object 10 the interests of MT. Kelly using its line for three or four blocks but ab- solutely to confscate our property all along Fifth avenne is seriously ob- jected to- I am sure the commissioners will hesitate before allowing our heavy