The Birmingham age-herald., 1914-02-11
Would Have Street Car
Franchise Proposition Sub
mitted to the People
WOULD GUARANTEE
ALL THE EXPENSES
File Petition for General Street Rail-
way System in City in Communi-
cation to Commission-Tide-
water Hearing Postponed

INST iiiitidtNe ever asked Tor under
Birmingham commission form of gov
ernment came yesterday from George c.
Kelley and associates.
In addition to the original petition which
Tor some months has been filed before
the board of commissioners asking for a
franchise for general street railway Y
system in Birmingham, Mr.. Kelley yes
terday formally requested that his petit
ton be submitted to the voters. He
agreed to deposit with the city comp
troller sufficient funds to guarantee the
expenses of the election, which is to be
paid for by him.
Begin Work in Twelve Months
In the new proposition he further
agrees to begin construction on the pro-
posed railway within 12 months after the
election and granting of the franchise, to
operate cars in three years thereafter and
use no convict labor.
A payment of $4,000 is to be made into
the city treasury in cash at the time
the franchise should be granted Other
provisions of the franchise are included
in the original petition and are practically
the same as the original franchise granted
the Kelleys last February and forfeited
by them some months later In the petit
ton presented yesterday Mr. Kelley re-
fers to the cause of this forfeiture of the
first franchise, which he claims was lost
through bad faith shown by his asso-
ciates.
The special meeting to consider the pe-
tition of the Birmingham, Ensley and
Bessemer Railway company for similar
was to have been held today, but has been
postponed until February 25 at o'clock
Since the Avenue F. line franchise has
been granted to the Birmingham Railway.
Light and Power company the fight has
now narrowed down to the Kelleys and
the Tidewater. The Avenue f line orig
inally was included in the Kelley propo-
sition.
Much interest was created in the new
development yesterday on account of its
being the first initiative movement under
this city. The referendum has been tried,
this will be the initiative, leaving the re-
call feature yet untested.
kelleys' New Proposition
Mr.. Kelley's new proposition is as fol-
lows:
ITO the Honorable Board of Commits
sioners of the City of Birmingham:
Your petitioners, George C. Kelley and
associates, respectfully request your hon
orable board to grant the franchise here
tofore applied for by your petitioners
with the following additions, alterations
or amendments thereto:
(a) That said franchise ordinance shall
be submitted to the qualified voters of
the city at an election to be held on, to-
wit, April 6, 1914, the total expense of
such election to be borne by petitioners,
and that an amount sufficient to defray
the expense of such election shall be de-
posted with the city comptroller by Pc
titioners.
(b) All of the qualified voters voting in
said election shall indicate their prefer
ence by placing their X mark opposite
yes or no. which follows the question
on the ballot, to-wit: Shall the street
railway franchise applied for by George
G. Kelley and associates be granted" and
all returns of said election shall be can
vassed and declared as provided by law:
and in the event majority of the quail
flied voters of the city voting on the
proposition herein directed to be submit
ted shall vote for the adoption of this
ordinance, then the board of commission
ers of the city of Birmingham shall be
authorized and directed to carry out the
terms and provisions of said franchise
ordinance.
(c) Said George c. Kelley and asso-
ciates shall begin the construction and
equipment of said street railway within
twelve d2) months after said election
and final adoption of this ordinance and
granting of the franchise by ratification
of the votes of the people, and shall equip
and operate cars over said line within
three 90 years from and after the final
passage and acceptance Of this ordinance,
and the failure to equip and operate any
portion. thereof within said three go
years shall work a revocation of this
grant as to such portion; provided. how
ever. that any time which may be lost
because OF any injunction or other legal
proceedings or strikes or delay in ma
terial, or other unavoidable causes shall
not be counted.
(d) No convict labor shall be used
by said George C. Kelley and associates,
or any person, firm or corporation
working for them, in any part of fhis
work.
: Sets Important Precedent
We respectfully represent also to this
honorable board that the franchise
which has been applied for by us ap-
proximates more nearly the ideal con-
ditions which should be embodied In