The Birmingham age-herald., 1916-01-25
BARBER CONTENDS
 LIGHT AND HEAT
 SHOULD bE FREE: [:
Commissioner Claims That Under Provision of Fran chise City Is Entitled
 to Free Service

Vixen Commissioner Barber was asked directly whether or not the question of the Birmingham Railway, Light and Power company charging the city for heat furnished to the city hall and jail, when according to their franchise they should furnish it free would come up before the commission meeting this morn ing, he stated that it "most assurediy would"
 The bill for heat last month furnished
 the city hall and jail was close to $500. At that time Commissioner Barber stated that he considered the bill exorbitant and that he intended to investigate the matter. MT. Barber instructed City At torney Ullman to look into the matter and give him a report on it. Commissioner Weatherly, who has consented to assist the legal department, offered to help in the riatter and inquire into the franchise of the Birmingham Railway, Light and Power company.
 It is understood that the report of MT. Weatherly and Attorney Ullman is to the effect that the light and power company should furnish the heat to the city hall and jail free of charge According to a statement made by MT. Barber, the city has paid out something like $12,000 to this l company during the past few years when l they should have been receiving the heat
 free.
 l As the matter stands now according 1 to the franchise of the Birmingham Rail- way, Light and Power company, which was granted October 15, 1902 that docu-
 ment sets out in section IS that the city l would be exempted from paying any l heat bill during the life of the fran chise. On November {, 1902, a substitute l clause was inserted in the franchise, in 1 lieu of section IS, reading that the city I should pay at the regular rates after five years had elapsed from date. This fran chise was issued under the reign of Mel i Drennen, who was mayor at that time l The section substituted for section 13 which called for the paying of the heat l at the conclusion of five years, is writ l ten follows
 | Section 13 The railroad company. it's successors and assigns, shall pay into the city per cent of the gross earnings of i said featins system after said heating l system has been in operation for a period of five years. Said per cent to be paid | into the treasurer annually during the ren ainder of the life of this franchise or I renewal thereof
 | Mir Barber states that the section above | is not valid and that the city should 1 have been getting it's heat free since 1907. | This matter will be discussed fully this morning, and it is thought that MT. 1 Weatherly, who has charge of the city hall, will introduce some measure of ferng relief from paying any heat bill, and requiring the Birmingham Railway, ! Light and Power company to furnish | fl ee heat to the city hall and jail. The matter was brought up severas years ago | by former City Attorney Romaine Boyd, wEc rendered an opinion and called the commissioners attention to the matter. No action was taken at that time and l the fight was renewed few days ago | wien MT. Barber started an investiga-
 ton into the validity of section 13 as in- corporated in the franchise of the Bir-
 mingbe m Railway, Light and Power con- | panN.