The Birmingham age-herald., 1915-09-01
DENIED BY DE WINDT;
 CONFERENCE IS HELD
 AND ANOTHER TODAY
Meanwhile Work on Gas Main at Ensley Has Been Ordered Discontinued by Commission = Bad Faith
 Shown, Says Weatherly

Permit for the construction of the big gas main through Ensley to Fair field by the Birmingham Railway Light and Power company was revoked by the city commissioners yesterday and the work has been discontinued pending the result of a conference to be held this afternoon between the board of city com missioners and General Manager J. P H. DeWindt of the street car company The revocation of the permit followed a somewhat sensational charge by City Engineer Julian Kendrick, who states he was deceived by the company when the permit was secured
 The allegations were made that the company intended to connect the gas main with the by-product plant at Ems ley and that the by-product gas was to be used in supplying the consumers of Birmingham with heating and illuminat- ing gas. At a meeting held yesterday with the commissioners and MT. DeWindt he stated that there was no attempt on the part of the company to put one over'' on the commissioners or the peo- pie of the city, but that in making tho connection it was with view of test ing out the by-product gas in Fairfield and that they intended by the use oc benzol and other ingredients to bring the gas up to standard required by the con- tract with the city
 Good Faith Not Shown
 Commissioner Weatherly stated he ob- jected to the company attempting to use the by-product gas without the knowl- edge and consent of the city and re- minded MT. DeWindt that the city had turned down a proposition to use by product gas about a year ago. He fur ther expressed the opinion that the com pany had not acted in good faith with the city in regard to the construction of the gas main.
 Commissioner Ward stated that he was of the opinion that so long as the com pany supplied gas that came up to the standard required by the contract with the city it was doubtful as to whether the city had a right to forbid the use of by-product gas, but he said the company had not shown the right spirit by un- dertabing to make the connection with the by-product plant and undertake to use by-product gas without apprising tn 9 city of that fact. He suggested that the further discussion of the proposition be deferred until this afternoon so as to give time to get all the facts in con- nection with the matter before the com mission. Mir. Weatherly assented to tn ,, not consent to the use of by-product gas under the circumstances.
 MT. DeWindt made the following state- ment:
 fI had no intentions to put one over on the city. Last winter, when the main running to Ensey dropped below normal, we made some repairs to bring it up to the required degree It was suggested that I try by-product gas and see how it would work out in Fairfield. Using this gas the Birmingham Railway, Light and Power company had every intention of enriching it and bringing it up to the required number of heat units. The com pany also intended. to so inform the com mission, to employ an inspector to do nothing but keep this gas up to the franchise requirements.
 T very earnestly regret the commission Is taking this so to heart and wish to repeat there is no intention to do any thing that will in any way embarrass the commission or put one over on the peo- ple."
 Hendricks Letter to Weatherly
 Mir. Hendricks letter follows:
 Birmingham, Ala. August 31. 1915. Hon. James Weatherly. Commissioner,
 City Hall.
 Dear Sir: Referring to your various inquiries as to whether or not the gas main being laid from point near Third avenue and Thirteenth street to the west ern corporate limits at Fairfield was to be connected with the by-product plant and the. statements which I have always made to you. that this main was not for the purpose of bringing by-product gas into the city. but for the purpose of taking gas from the city to Ensley and Fairfield, I beg to say that I was wrong in these statements. and only learned yes- terday that this permit had been issued under a false statement of the Birrming- ham Railway. Light and Power company, and that it was the intention of the com pany to use this main for supplying the city with by-product gas. At the time this permit was issued the representatives of the company, upon inquiry from me. stated positively that this main was not to be used for that purpose and was only to reinforce the supply of gas for that