The Birmingham age-herald., 1913-10-01
Possible Return of Judge
Lane to City Might Re-
suit in Extension
UNABLE TO PUT UP
NOTES YESTERDAY
Weatherly and Exum Said to Be
Deadl0cked and Franchise May
Be Forfeited Unless Some
thing Is Done Today

At o'clock this afternoon at re-
cessed meeting of the city commission
the immediate future of the Kelley
franchise and the proposed Kelley
street car line will be decided. Exact
ly what will happen is unknown
At conference with the two mem
bers of the city commission who are
now in the city. President C. Exum and
James Weatherly, yesterday morning
and yesterday afternoon, the Kelleys
discussed with the commission their
PLANS 1t is understood that they Of
fered to deposit with the commission
the stipulated $4,000 provided in the
franchise. but asked for an extension
quired $4,000 bond and to deposit the
$4,000 in notes. Upon this proposition
the two commissioners deadlocked, it
is reported, Mr.. Exum opposing and
Mr.. Weatherly favoring the extension
The Kelleys offered. 1t is said, to de-
posit the $4,000 In notes, but they
wanted to make out the notes in the
name of the Birmingham Rapid Tran
sit company, the recently Incorporated
name of the Kelley interests. This was
also opposed it is said, by Mr.. Exum
Time Limit Expires Today
As the time limit in which the Kel-
leys must comply with the terms of
their franchise or forfeit it does not
expire until today. Attorney Ed Smith,
counsel for the Kelleys, asked for a re-
cessed meeting at o'clock this after
noon at which time the Keleys win
have to state their proposition and
stand or fall by it. There is but one
turn to the case which might alter IL
almost entirely. If Commissioner A. o.
Lane should return to the city before
the meeting today, it is generally be-
lieved that he would vote with Mr..
Weatherly to allow the deposit of the
$4,000 in cash and the delay of 80 days
for the notes and bonds. Judge Lane
is now away ON a vacation and there
was much speculation yesterday as to
whether or not he might return before
the meeting this afternoon 1t is re-
ported that Judge Lane has been made
aware of conditions in the Kelley fran
chise proposition.
Members of the Kelley company stat
ed last night that they would prefer
to, make no statements of any kind in
regard to the matter at this time. The
city commissioners also We're reticent
yesterday as to what might and what
might not happen at the meeting to-
day.
Eastern Financial Report
According to reliable information
yesterday however, it was understood
that the Kelleys have secured the sup
port of a financial concern in the east
and that these people have agreed to
advance the $4,000 in cash which is
called for by the terms of the Kelley
franchise, but until their agents can
Investigate the franchise, and their sur
veyors go over the proposed route of
the Kelley street railway. they are un-
willing to advance the $4,000 in notes
and the $4,000 bond. This company
believes enough in the proposition
however, it is said, to advance this
$4,000 cash at this time and promises
within the next 80 days to have it's
agents Investigate the Kelley PROPOSE
ton so that it will be ready TO take
further action.
1t is understood that at a conference
yesterday, the commissioners agreed to
take the $4,000 In notes and the bond
IL they We're personally secured by
George G. and George h. and Wilbur
Kelley and Steiner Brothers, bankers
the latter firm having been acting a s
financial agents for the Kelley interests
ever since the franchise was proposed
The Kelleys and Mr.. Steiner, it is said,
do not want to do this and upon this
hinge the matter rests.
Many things could happen today
Some of the most probable are:
The Kelleys and Leo Steiner might
go personal security for the $4,000
notes and $4,000 bond
The Kelleys might succeed in get
ting their financial hackers to put up
the notes and the bond.
They might fail to do both and for
felt their franchise.
Judpe Lana mi oh ratttrr 20 tha o;+~,
and the 80 days extension asked for
be granted.
The Kelleys may forfeit their fran
chise in the belief that they can go
ahead with their financial arrangements IS
and when they are in better shape
again introduce the franchise in its orr
glnal form and have 1t granted the Sec
ond time