The Birmingham age-herald., 1913-11-16

lhe iacl that lne Irdncnlse OF tine BIZ
mingham Rapid Transit company-the
Kelleys and associates-after a varied
life of some six or eight months, expired
last night at midnight and is now void.
The alleged cause of the existing con-
dition of affairs is attributed to the II. P.
Taylor Banking company of New York
and Pittsburg. The Kelleys claim "the
Taylor company did not act in good faith
with the Birmingham city commission
ers."
May Grant Another Franchise
Although neither the Kelleys nor the
are particularly illuminate
Ing on the subject, 1t is generally believed
there is an understanding between the two
that another franchise similar to the orig
lnal one. which expired last night, will be
granted TO them within the very near fu-
ture. An application for new franchise
was filed with the commission yesterday
1t is stated it will be brought
before the commission Tuesday and re-
ports are 1t will be adopted with very
little delay, If any.
After being amended three times so as
to allow the Kelley's further time to COM
plete negotiations, the original franchise
expired last night upon the failure of the
Taylor company, upon which the Kelleys
were depending for financial support, to
deposit with the commission $4,000 in re-
turn for another extension in the time Of
the franchise of 60 days.
The negotiations regarding the Kelley
franchise in the past six or eight months
has netted the city a total of Sl1, 100. This
money has been advanced by the Kelleys
and the Taylor company from time TO
time as evidence of good faith. The Tay-
lor company had one of two things to do
s39st00 in notes to the city
and begin work on their line according
to the terms of the franchise, or else pay
sIo,0Oo In cash and be allowed another ex-
tension in time of 90 days.
The commission met yesterday at II
o clock In order to take any action desired
by the Keneys or the Taylor company.
There were present the three COMMISSION
ers and a couple of newspaper men. Inc
met and adjourned. The
Kelley franchise was gone. Alter that,
even IL the keileys or the Tayior COM
pany had come forward with one or the
ulner vi the ABOVE TWO Things, 1t would
have been too iate, as the city COMMISSION
could not have met again legally until
next Tuesday.
Kelley Is Confident
From statements maze by George Z.
Kelley yesleruay, 1t was Indicated tnat
the Keneys feel no disappointment
ana are almost certaln oI Sc
curing anoCher -trancIlse ana new nnan-
cial backing IN the near future. I'VE mad
on with two or three diner
ent financial concerns SAID Mr.. heiiey,
''and one OF the ouner OF these Is now
ready to take up the proposition. We are
gong to bulo ranroao. The people
along our route want a railroad aud aii
want to say is a statement to them
that we are gong to give Ii to them.
1 here Will be no delay in the general be-
OF operations on our line on ac-
count of the expiration of this original
franchise. We have had enough delay
already and we are about ready to get
down to real business"
At the time of the last extension of the
Kelley franchise, November l. represen-
tatives of the II. P. Taylor company We're
In the city after having spent several
days here investigating and they are re-
ported to have stated to the commission
at the time that with an extension of Is
days their firm would be ready to sign
up contracts and begin work.
They left the impression that the direc-
tors of their company would adopt any
they made and that
md Inf he 70
BILE. 1t seems that their recommendations
were not sufficient however.
The Kelley franchise has led a more or
less spectacular existence. 1t was granted
in the face of strenuous opposition and
split UP the vote of the city commission
ers. 1t has been fought In many ways
ever since and future Developments will
be awaited with interest by many people.
Exchange of kilograms
Following are the three kilograms
which in the last four days have spelled
the fate of the original Kelley franchise
The last telegram was received from the
Taylor company Thursday and was not
answered.
New York. November II, 1913
''Messrs. Lane, Weatherly and Ward,
Commissioners Of the City of Bir-
mingham, Birmingham, Ala:
Find time granted in extension in
sufficient to obtain final Endorsement
of attorneys and engineers of financial
interests associated with us. They
deem matter of too great financial inn
portance for hasty action and demand
that we secure further extension of
60 days. We therefore request such ex-
tension Please answer care of New
York Office.
ct. P. TAYLOR & CO."
Birmingham. November IL, 1913
III. P. Taylor Company. Singer Build-
ing, New York, N. Y.
your wire of this date, extension
requested will be granted only on paya
ment of $4,000. same to belong to city
In any event. but same will be cred
tied on price of franchise.
GEORGE WARD,
JAMES wEATHERLY,
IA. o. LANE"
New York, November 13.
"Messrs. Lane, Weatherly and Ward,
Commissioners, Birmingham, Ala:
I'VE will not pay any money until
our attorneys and engineers are sat-
isfied. The expense we have been to
is evidence of our good faith. City
will not suffer by an extension.
II. p. TAYLOR G. COMPANY"