The Birmingham age-herald., 1914-03-07
Viaduct Negotiations Get Another JOlt-Weatherly
 Writes to Officials
OBJECT TO CLOSING
 OF SECOND AVENUE
Object to City Paying $35,000 or Any Part of It-COmmissi0ners Will Insist on Work Begin
 ming April 1

Viaduct negotiations got another jolt yesterday when City Commissioner James Weatherly made public letter ilatly declining the proposition of the railroads submitted March l. The letter signed by Commissioner Weatherly was addressed to representa- in the construction of a viaduct over the tracks at First avenue and Twenty-sev- enth street near the Sloss furnace. Mir. Weatherly stated that he acted with the full auth0fity of the other two members of the commission, a conference having been held and they unanimously agreed that the proposition should be declined. City Has Some Rights" ''The commissioners feel" said MT. Weatherly, that the city has some rights in this matter and that the time has come when these rights should be asserted. We have tried to reach an agreement with the railroads by conference. This appar- ently has failed We have viaduct ordi- nance. Now we're going to enforce it." The viaduct ordinance provides that work shall begin on the First avenue via duet, as 1t is called, by April this year. Every day thereafter that work is not begun will constitute separate violation of the ordinance, the offense to be pun ishable under section 1216 of the state code, the limit Of which is slo0 and six months imprisonment
 Mr. Weatherly's letter no doubt was in the hands of the railway company off cials yesterday. It is as follows:
 Letter to Officials
 March ,, 1914. MT. W. L. Mapother, Vice President Louisville and Nashville Railroad Com
 pany, Louisville, Ky:
 MT. II. B. Spencer, Vice President South
 ern Railway Company, Washington,
 D. C.:
 MT. J. C. Maben. President Sloss-Shef
 field Steel and Iron Company Bir-
 mingham Ala:
 MT. A. II. Ford, President Birmingham Railway Light and Power Company,
 Birmingham, Ala.
 Dear Sirs: Your proposition of March 1, submitting the conditions on which you will be willing to co-operate with the city in constructing this viaduct has been carefully considered and we beg to state that the same is declined. We object to the closing of Second avenue, and we ob- ject to paying $35 600 or any part thereof
 
 to the cost of abutting damages. Re spectfully, JAMES WEATHERLY.
 4 s stated in the letter, the railroads asked at the recent conference that the city pay 10 per cent of the total cost, as sume liability for ahutting property dam ages and close up Second avenue. They also placed the total cost of the viaduct at near $25O,ooo The city had placed the cost at about s200,0OO or less.
 It is reported, although the commission CTS declined to be quoted on the matter, that the addition made to the cost of the viaduct Was mainly for a sum of $35, GOO to cover the cost of the Birmingham Rail way, Light and Power company in operat- ing it's cars around the yiaduct site while the yiaduct was in course of construction.
 Commissioners Not Belligerant - The commissioners are not beligerant. They are not going to wield the ''bg stick" set off fireworks. They state that if the railroads should evolve an other proposition and ask for confer ence on it, they will be glad to confer with them.
 At just one place they draw the line They stated emphatically yesterday that they will consent to nothing, no matter what it might be, which will call for further delay The viaduct ordinance calls for 'viaduct construction on and after April 1. April 1 they mean work to begin and no later If 1t does not, they state they will straightway begin proceedings against the railway company representatives for violating the ordi.- nance.
 When asked exactly what these proceed ings would be, they said there were many but they did not desire to go into details now. The most obvious, of course, would be to collect the fines and. impose sen tences on the railway representatives each day that lapses after April l with out viaduct work being started
 The ordinance goes further. howevWy than merely stipuating when work shah begin. It provides that the viaduct shall be completed by May l. 1915, little over one year from the time of starting.
 The next move in the viaduct contro- versy now, if it comes before April 1, will necessarily come from the railroads. De- velopments of interest at least are cx- peeted within the next month or two.