The Birmingham age-herald., 1914-02-05
Commissioners Settle Ques-
tion for Cemetery Trans
portatiOn
WITHDRAWAL MADE
BY THE TIDEWATER
kelleys Have Nothing to Say Regard
ing Future Plans-Tidewate
Asks for General Fran
chise Over City

With one or two strings tied to II
resolution was passed by the city
commission yesterday granting to the
Birmingham Railway, Light and Power
company a franchise to build street
railway on Avenue from Twent eth
street to Elmwood cemetery.
The action was taken after the Tide
water company had withdrawn its pc
tition for a franchise out Avenue +,
leaving the contest between the Bir-
mingham Railway, Light and Power
company and George c. Kelley and as
sooiates. The Tidewater people with
drew their petition for franchise
along Avenue f In favor of their more
recent petition for a franchise for
general street railway system through
out the city.
For the franchise granted to the
Birmingham Railway. Light and Power
company yesterday, the company
agrees to pay to the city $4,000, con-
struct an underpass at Avenue f and
Seventh street under the railroads
there; operate 8 cent fares with
transfers, and construct the line with
in one year from the time the fran
ohse Is granted. The underpass at
Seventh street is TO cost about $685.
0G0. BY the resolution adopted yester-
day the Birmingham Railway, Light
and Power company absolves the city
from all abutting damages resulting
from the construction along Avenue f.
Another Conference Held
Birmingham Railway, Light and
Power company officials stated that
after another conference is held with
the commissioners work on the new
line probably will be commenced in the
near future, Another conference be-
tween the city officials and the rail
way company will be held in order to
settle on some further conditions in
regard to the franchise. the condi
tions being the strings to the resolu-
tion adopted yesterday.
The Avenue f franchise fight has
been under way for the past year or
more. 1t was first included in the
franchise granted to the Kelley inter
osts and forfeited by them some few
months ago. Since the forfeiture of the
Kelleys tho contest has been even
stronger than ever.
Next Wednesday at o'clock has
been set by the commissioners to hear
arguments on the petition of the Tide
water company for q general street
railway system franchise in this city
In this franchise the Tidewater, off
clally known as the Birmingham, Ems
ley and Bessemer Railway company,
asks for a franchise covering 1S2 blocks
aid forming a general network of
tracks throughout the city. If this sys-
tenn is built it will, 1t is pointed out,
give real competition against the Bir-
mingham Railway, Light and Power
company. In connection with the grant
ing of this proposed franchise to the
Tidewater for 1S2 blocks an ordinance
Is requested authorizing the Tidewater
to use certain downtown tracks of the
birmingham Railway, Light and Power
company and declaring void the fran
chise of the latter company If 1t re-
fuses then to comply with the ordi-
nance The Tidewater agrees to pay
the Birmingham Railway, Light and
Power company as remuneration for
such privileges 10 cents per car mile.
Lane Favors Competition
Judge Lane stated during the meet
ing that he was in favor of the full
est competition and wanted the Kel-
leys, the Tidewater and the Birming-
ham Railway, Light and Power COM
pany all to have franchises If they
could build a railroad.
George C. Kelley stated that the
granting of the Avenue II franchise
would materially change his plans. The
kelleys in their present petition had
not asked for the Avenue f franchise
alone. but this street was merely
part of their general system. The CIV
ing of the Avenue F line to COM
peting line Will now break up the
general system as mapped out by the
Kelleys. He stated there was nothing
to be given out at this time as to what
they would do In the future.
Robert Jemison, Jr., at the close of
the meeting thanked the commission
for their action and thanked the rep
rcsentatives of the Tidewater COM
pany for their broad spirit in with
drawing. There We're present A. H. |
Ford. Robert Jemson. Jr., Col T. o. |
Smith, George c. Kelley, Ed Smith, |
Forney Johnston, George !. Brown. l. |
W. Ross and others
Text of Resolution
The resolution adopted follows;
BE 1T resolved that a franchise to |
the Birmingham Railway, Light and |
Power company on Avenue f from |
w eHllttn street 10 lne HWoou ttIn- |
etery be granted providing that all |
abutting property damage along said |
line be provided for without expense |
10 the city and subject to such other |
reasonable terms and conditions as |
may be agreed to between the Bir-
mingham Railway Light and Power |
company and the city,
Statement by Tidewater
The withdrawal of the Tidewater |
company was as follows:
"Cfty Commissioners of Birmingham:
I'VE hand you herewith tentative |
drafts of the franchise desired by the |
Birmingham, Ensley and Bessemer |
Railroad company to extend its serv
ice in accordance with our several con-
fcrences with the commissioners.
Relative to the Avenue f line: We |
appreciate the attitude of the COM
mission in desiring the promptest con-
struction possible in order to serve the
public in the vicinity involved. While |
We are willing to make a reasonable |
payment to the city for the franchise
desired. we do not think that the COM
pany would be justified In beginning
Immediately the comprehensive work
of construction which would be in |
voived by the granting of the Avenue
f franchise until we have become more |
assured as to the willingness of the |
Birmingham Railway, Light and Power /
company to acquiesce in the exercise
by the city of the right to authorize
the use by other street railway CON-
tAR.Ft n H.