The Birmingham age-herald., 1916-10-27
Tired of Quibbling and Eva sion and Will Now Ask
 Commission to Asserts
 Its Legal Rights SAYS NEW DEMANDS MADE BY RAILROADS ARE SIMPLY ABSURD Asserts B. R., L. & P. Co. Will Not Be eGranted Track age Rights Over 21st Street Instead of 2Oth

Commissioner James Weatherly il charge of the department of public utili. ties has prepared a resolution to be pre- sented before the commission at next Tusdays meeting, which he believes viii mean action on the Twenty first stree; viaduct problem.
 The resolution is sweeping in it's scope of operations for the purpose of making the railroads in Birmingham cease quib- bling and ''get busy" as Commissioner Weatherly expresses it. The resolution instructs the city attorney to prepare with all possible dispatch the necessary ordinance, or ordinances, required to sub. stantlally execute the general plan of grade separation at the intersections of streets with railroads"
 FROM 14TH TO 32D
 The resolution further states that all the necessary steps be taken in regard to voiding grade crossings from Thirty second street to Fourteenth street. This means that the city will take definite ac- ton on compelling the railroads to con- struct yiaducts at places designated by the city, for the safety of the ciizens, at once.
 For four long years I have been try AiA6 ec AiC5olidlC WllIi llc of the railroads operating in Birmingham in an amicable way" said Commissioner Weatherly yesterday.
 T had been led to believe that if ! could get the city to agree to pay 20 per cent of the cost of the Twenty first street viaduct. the railroads would do their par without further argument. This has been agreed upon by the commission and naturally I presumed that the work of construction ta1- the legal matters pertaining to this via duct was strengthened out. The property holders along this street have waived all rights to sue for damage done their prop erty on account of the widening of the street. I have worked constantly on the proposition for years and with the aid of the commission as a whole we have progressed daily.
 WITH NEW PROPOSITION
 Now come the railroads with prop osition to let the Birmingham Railway, Light and Power company run their lines over the Twenty-frst street viaduct In addition to urging such action and ask ing for the approval of it by the city, the Birmingham Railway. Light and Power company wants the city commission to demand that it transfer all street cars now running over Twentieth street and require it to route all cars now going over the Twentieth street grade to the new Twenty-first street viaduct.
 This does not seem to be half of all they want done. They also want us to grant to them long term franchise over the Twenty-first street viaduct and noy cancel their present franchise on Twen- this street.
 MEANS DISCRIMINATION
 The entire proposition is absurd. To the rnrntrSv across Twentieth street would result in the diminution of millions of dollars worth of valuable property. It would de- crease the value of this property greatly. It means discrimination.
 Heretofore we have been patiently waiting and hoping that we could have some real action without resorting to law and taking advantage of every position we occupy to make the railroads do thelr part. The mean of my resolution IS simply this: The city is going after the viaducts. The Twenty-frst street viaduet matter will be forced to an issue. There will be no diverting of the Birmingham Railway, Light and Power company lines now operating across the railroad tracks on Twentieth street.
 Neither will there be any granting of the right to this company to operate its street car lines over the Twenty-first
 
 of a 30year franchise and the sum total is that we are preparing to go into battle and force the hand of the railroads ill the matter of safeguarding the lives sof the citizens of Birmingham by the build- ing of viaducts where they are needed.
 SHOULD HAVE BENEFITS
 ''4All of this is Just and proper The people of this city should receive the benefits of these viaducts. The co-opera- tion of the railroads should be granted instead of the antagonism and quibbling over things they want granted to the Bif-, mingham Railway, Light and Power conl- pany, which are unrea sonable and which the present commission will never grant.
 ''The proposition. emanating from the railroads, is that the city give the fran chse over the Twenty-first street bridge to the Birmingham Railway. Light and Power company. This would not cost the Birmingham Railway, Light and Power company cent, with the exception of re- routing it's cars and paving between it's rails On the other hand. the city. would lose control of the right of way and the company would obtain control. This com pany could charge any other street raii- way for the use of it's tracks. The city has passed all the ordinances and will now put them in force. These ordinances were passed several years ago. The gen eral plans call for viaducts at Twenty fourth. Twenty-tirst and Twenty sixth streets and subways at Twentieth, Eight eenth and Fourteenth streets.