The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-21
ORDER OF COMMISSION

In its order the commission says:
he commission is 81 the opinion FRAT
the sole question to be inquired into
and decided by it, under the act APP
proved August 6, 1915 acts of Alabama,
1915. p. 2sS), is Whether
1. The proposed sale of the property,
etc, of the Birmingham, Ensley and
Bessemer Railroad company to the Biz
mingham Railway, Light and Power
company, alone or jointly with any cor
poration, and,
2. Whether the issue of all of the cap
ital stock of the said Birmingham Tide
water Railway company now issued or
which may hereafter be issued by it in
connection with financing the purchase
of the properties, franchises, assets, etc,
Of the Birmingham, -Ensley and Bessemer
Railway company, is consistent with the
interests of the public.
DECISION ENTERED
The following order will. therefor. Ne
entered
Whereas, The Birmingham Railway,
Light and Power company. the BirHing-
ham idewater Railway company, and j.
d. Kirkpatrick agent, did file with this
commission an application in the above
entitled matter on the 1st day of Sep
TENDER, 1916 praying, among other thsags
for the relief hereby granted and,
Whereas. The applicants named in said
application have filed with thA commits
sion proof by affidavit of thu oublica-
ton of the notice of the he Ing OF
said application on Monday, October 2
| 1916 at the regular session of the com
mission, and such proof shows that 81
days notice of the hearing of said appii-
cation at said regular session was given
il a newspaper published and of genera
circulation in the city of Birmingham
LEGATION of such notice on the I'd, 9Th, 16tf
| and 2Sd days of September, 1916; and,
THOSE APPEARING
Whereas, At the hearing had upor
said application the following parties ap
peared. to-wit:
Birmingham Railway, Light and Power
company by Tillman. Bradley & Nor
row, by Lee c. Bradley and William B
White. its attorneys;
Birmingham Tidewater Railway com
pany, by Forney Johnston, it's attorney
]. d. kirkpatrick, by Forney Johnston
his attorney;
Bondholders' protective committee rep.
resentng holders of first mortgage bond:
of Birmingham, Ensley and Bessemel
Railroad company, by Il. ID. Smith anc
, William A. Barber. their attorneys;
Board of commissioners of city of Bir
| mirgham by James Weatherly, city com
| missioner; NJ. NJ. Ullman. city attorney
and w. H. Sadler, assistant city attor
ney:
And full and complete hearing of the
1 matters and things covered by said APP
| plication was thereupon accorded to thu
parties, and all matters and things pre-
scented to the commission at said hear
/, ing have been duly considered by this
commission; and,
Whereas After due consideration of al
| the testimony and arguments presented
| to this commission at said hearing, thi.
! GONNA ssion is of the opinion that it il
consistent with the interests of the pub.
I; lie that the transactions, matters ant
| things hereinafter mentioned shall b.
| hereinafter named. and this commission
approves of all such proposed transac
| tons, matters and things:
SALE APPROVED
| Now, it is ordered. That this commits
+! sion approves and authorizes and deter
mines and declares to be consistent with
| the interests of the public:
| (a) The sale to the Birmingham Rail
way, Light and Power company and TIL,
BirrninEham- Tidewater Railway compan,
as substituted bidders in that certain con
(CentinueS On Pase Twesvs)