The Birmingham age-herald., 1914-03-18
Clause to This Effect Will Be Inserted in the Tide
 water Franchise
B. R.. l.. X P. co. HAS
 30-YEAR FRANCHISE.
Would Be Necessary to Appeal to the Legislature to Force Action. Lane and Weatherly Discuss
 the Situation

The ultimate aim Of the city com
 missieners in granting a street railway franchise to the Tidewater and thereby securing ear competition is system
 of matual exchange of transfers from one company to the other
 clause will be inserted in the Tidewater franchise by which that company will be obligated to issue l transfers 70, and accept transfers from.
 the lines of the competing company the Birmingham Railway Light and Power company.
 This prov sion of the Tidewater franchise will be qualified, however, l by another provision that the Tide water shall not be expected to do this
 unless the exchange of transfers shall be mutual.
 The question In the mutual transfer proposition then is concerning the ac-
 tion Of the Birmingham Railway, Light
 and Power company. The com missioners admit that they have mingham RGilway, Light and Power company to issue transfers or to accept transfers from the Tidewater lines. This powe- over the Birmingham Rail way. Light and Power company will
 not be fo- incoming until April 1. 1886, they say, when the present 30-year franchise of the Birmingham Railway. Light ard Power company expires. Then in granting to the company new franchise the city officials could im- pose the mutual transfer rules and en-
 force it.
 Appeal to Legislature The attainment of the mutual trans fer before that time, il is said. can be secured by two different ways. First,
 the Birmingham Railway. Light an1
 Power company could willingly consent to the eXcnange and. secondly, the mat ter coul6 ne handled by the state leg islature
 "The best way. it appears to me. 70 handle the matter" sa'd City Commi . sioner Weatherly yesterday, would De through the state legislature. The leg islature should either pass a bill ere ating a state public utilities commits sion with power to regulate such mat
 ters and this commission could then
 compel the B rmingham Railway, Light
 and Power company to carry out a mutual exchange of transfers, no mat ter what was the duration of it's local | franchise. or the other way would be
 for the legislature to give local mu- | ricipal governments in towns of l00,-
 900 or over or some such figure. tho
 power to regulate the rates of it's local public utility corporations. Such bill | as the latter would enable this city | commission to compel the mutual eX- change of transfers.
 I'm inclined to think the latter plan
 the best for the simple reason that l | t,.... favor of the first plan. The corpora tions argue that a state public utility
 commission having control oyer their rates would insure them more justice in that their affairs would be taken out of local politics and away from local prejudice and sentiment. For n local body to have the power to regu- late their rates. they say. makes them liable to all the local feelings and prejudice that is found in every com munity for and against public utility corporations.
 Two Sides to Question "On the other hand a state com
 mission might be too disinterested to go into the merits of local case, such as the Birmingham Railway, Light and Power company transfer case would be. If the Legislature should create such a commission and the men composing it were fafmerS from north and south Alabama what would they care about street car transfers In Birmingham
 There are two sides of the question.
 Its matter for the legislature to handle, but as to which way they
 should handle it there is some doubt.
 Alabama needs such 1egislation it's up
 to the legislature to decide just what 1t shall be."
 Commissioner Lane is also very
 strongly in favor of the mutual trans
 fer proposition, but like Mr Wealth erly. he says the hands of the city
 commission are tied as far as the Bir- mingham Railway, Light and Power
 company is concerned. Unless the
 company should, by it's own free will,
 consent to the proposition" says Judge
 Lane, "we will either have to wait till
 their franchise expires or else secure
 some Legislation by the state on the
 matter
 Mutual exchange of transfers be-
 tween the Birmingham Railway, Light
 and Power company and the proposed
 Tidewater system would be an ideal
 street car situation for Birmingham. It would give a tremendous amount of
 service for one fare, not only in dis
 tance travelled, but in schedules and
 general service. Street car competition Twill mean much for this town and sooner or later it will come to the
 mutual transfc,' privilege
 v1rNvVy DuN0 nDOUDrSNTNrN