The Birmingham age-herald., 1913-01-12
B. RI. &P. CO. Up
IN ARMS AGAINST
T|DEWATER'S PLAN
Objects to Its Tracks Being
Used by New Company
and Gives Reasons
SAYS NEW LINE HAS
RAILROAD" GRANT
Its Life Is 80 Years Whereas the
Old Company Is Compelled to
Deal Reciprocally Only With
"Street Railroad"

The Birmingham Railway, Light and
Power company opened fight against
the Tidewater yesterday before the COM
mission. In letter to Mr.. weatherly
denial is made that the city has the right
to permit the Tidewater to use the tracks
of the Birmingham Railway, Light and
Power company and several propositions
were pointed out against the Tidewater
calculated to cause the commission to at
least ''Stop, Look and Listen
The letter was suggested to the COM
pany when Mr.. Ford was invited to ap-
pear and discuss the application of the
Tidewater to use the tracks of the Bir-
mingham Railway, Light and Power COM
pany downtown for few blocks.
The officials of the Birmingham Rail-
way. Light and Power company instead
of appearing before the commissioners
| submitted their position In writing, rails
ing questions that have been referred to
Capt. Romaine Boyd. city attorney.
Claim Tidewater Is Railroad
The Birmingham Railway, Light and
Power company claims in its note that
the Tidewater Is railroad" given 80
year franchise as such and chartered in
the state as a railroad. 1t is claimed
that the Birmingham Railway, Light and
Power company is street railroad"
and as such is chartered for only 80 years.
The Birmingham Railway, Light and
Power company claims that 1t would be
against the constitution to give street
railway a franchise for more than 80
years. and also claims that its franchise
as refers to the use of Its tracks by
other companies contemplates only street
railways" and has no reference to rail
roads" On the ground that the Tide
water is railroad and not a street rail-
road the Birmingham Railway, Light and
Power company has In mind refusing to
recognize the right of the commission to
allow any other company so situated
to use its tracks.
Again, the Birmingham Railway, Light
and Power company replies to a charge
of the Tidewater that construction on
First avenue is being done in such a
fashion as to preclude the use of that
avenue and others by Tidewater cars.
In answering that the letter sent to the
commission points out that the construc-
tion referred to is "standard'' in every
| respect. 1t says the work is being done
according to specified street railway con-
struction and 1t cannot mend the fact
| that Tidewater cars cannot operate upon
the First avenue and other tracks.
| If the Tidewater is a street railway
| it will be forced to pay an annual Ii
cense of $500. while If it is a railroad
| the license will be only $1,000 That is ap-
| pcaling to the commissioners.
Exum Very Much Interested
| At the commission meeting yesterday
morning to which representatives of the
| Birmingham Railway, Light and Power
| company were invited but failed TO at
| tend, there was no attempt at conceal
ment of the fact that interesting infor-
nation had been given the commission
| by the Birmingham Railway, Light and
Power company. President Cupepper
Exum was very much interested He
vetoed the Tidewater franchise one time
he recalled because it was for SO years
and is even now opposed to such length
of time While he did not care to go
into general discussion of the PROPOSE
ton, Mr.. Exum did say that IL it could
be legally corrected now he would be
inclined to amend the Tidewater grant
reducing its life to 30 years, rather than
SO years. The other commissioners were
equally as interested.
After discussing the proposition the
| commissioners decided It would be well
for Captain Boyd to look into the prob
lem and give the commission his advice
upon the matter. This was done and
Captain Boyd will report within the next
few days
In the meantime the Tidewater officials
are preparing for battle with the Bir-
mingham Railway, Light and Power COM
pany it is said because 1t is evident to
them that no harmony can exist between
the Birmingham Railway Light and
Power company and that concern, which
has sprung up here and is contesting
with the older and larger company. In
the spirited warfare that is expected to
develop the franchise requested by the
Tidewater for an Avenue F line will be
hotly contested.
AS It is believed the Kelly franchise
will be refused, the Avenue r line will
apparently be between the Tidewater and
the Birmingham Railway, Light and
Power company. The latter line is ahead
on the application. However. the Bir-
mingham Railway, Light and Power COM
pany has not requested the right of it
self but has allowed its interests to be
looked after by property owners.