The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-11
T|DEWATER CASE
CONTINUED BEFORE
JUDGE ". |. GRUB
Petition of BOndhOlders for
Consolidation of Two Car
Lines Is Delayed for
Several Days

The hearing before Judge W. L. Grub,
in the federal court, on the petition Of
the bondholders committee of the Br-
mingham, Ensley and Bessemer Railroad
company, seeking to have the name Of
the Birmingham Tidewater company sub
stituted for that of J. D. kirkpatrick
was again delayed and set for Wednes-
day morning at 10 o'clock.
Further delay of the hearing was made
after the case had been under way for
two hours and the bondholders through
their attorneys had offered an amend
ment to the original petition. This
amendment asked that the city be mad2
to PROFOUND all it's objections to the
transfer of the Birmingham, Ensley and
Bessemer Railroad company to the Br-
mingham Railway, Light and Power COM
pany.
This amendment was offered after the
case had been gone into and the city,
through its attorney, M. M. Ullman, had
stated their objections to the substitution
of name. Also after Leo Oberdofer, rep
resentng certain Chattanooga bondhold-
ers, and Rev. A. j. Dickinson, represent
ing himself as a bondholder, had mace
objections and filed petitions for relief
against the granting of the change Of
name.
POSTPONEMENT GRANTED
On the grounds that he had not had
time to read, or to digest the amend
ment to the original petition, City At
torney Ullman was successful in getting
the case delayed until Wednesday mcrn-
ing at 10 o'clock. Forney Johnson, repre-
senting the bondholders committee, OPP
posed this on the grounds that the city g
case before the supreme court for writ
of certiorari would come up the rext
day, November 49, To this Mr.. Ulllnan
replied that if necessary he would get the
case before the supreme court delayed for
a week in order to be present WedEes-
day morning.
Lee c. Bradley, representing the bond
holders, summarized the petition for Il
substitution of name, and asked that the
objection Of the city and other bond
holders be made
CITY is OPPOSING
City Attorney Ullman took the floor
and went over in brief the petition of
the city opposing the substitution OF
name, following it up with his argument
1t is contended by the city that in grant
ing the franchise to the Birmingham
Ensley and Bessemer' Railroad company,
an agreement was entered into that no
competing company could absorb the
property of this company. They also con-
tend that with this provision, that the
Alabama public service commission had
not the power to authorize the transfer OF
the Tidewater company to the BirmIrg-
ham Railway, Light and Power company,
or any other competing company.
City Attorney Ullman went somewhat
into details regarding the city's right
for the alleged protection of the pub.cs
right in not allowing a competing COM
pany to absorb this property. Notwith-
standing the Birmingham Railway, Light
and Power company. before the Alabama
public service commission agreed to is
sue universal transfer system and to
put the employees of the Tidewater com
pany on union scale of wages, which
would increase their earnings about )
cents an hour the city is opposing the
transfer of name of property for the
alleged protection of the public The
plea of the city is that the absorption
would create monopoly, which is al
legged to be unconstitutional.
Leo Oberdof, representing Chattanooga
bondholders, to the extent of about S2D,-
900 made about the same argument as
that made by the city. regarding the right
OF the public service commission to au-
thorize the transfer or the absorption Of
the property by competing company.
or the grounds that it would be a monop-
oily. This same argument was supported
by A. j. Dickinson. 1t was further OBJ
jected to on the grounds that the merger
of this property would not conform with
the statutes of Alabama, and the public
service commission had not the power
to create or authorize monopoly
Lee C. Bradley. for the bondholders
replied to the petitions of the city and
other bondholders. and offered an amend
ment to the original petition. The amend
ment goes into the case more fully than
the original petition. and asks that the
city and other DIRECTORS be made to pro-
pound all objections to the petition and
to the merger of the property, and asking
the relief prayed for in the original petit
ton.
Judge Grubb on the request of the city.
agreed to postpone the hearing until
Wednesday at 10 o'clock, and intinlo ted
that both sides must be ready for the
hearing.