The Birmingham age-herald., 1916-10-21

| the Birmingham Railway, Light and l Power company has been granted the l right to consolidate with the Birmingham, l Ensley and Bessemer railway (Tidewater l lines).
 l The majority bondholders of the Tide
 water lines filed a petition with the pub I lie service commission on October 2. This | petition asked for the right of the Tide water company to consolidate with the 1 Birmingham Railway, Light and Power | company.
 | The consolidation of the lines means that | a universal transfer system on all street railway lines now operating in Birming- l ham will be put into effect,
 1 The city commission opposed the con l solidation of the two companies. Com- missioners Barber and Weatherly appear ed before the public service commission at the time of the filing of the petition to protest against the merger. At the joint hearing before the Alabama public sery- ice commission in Montgomery on Oc. 1 tober ?, Commissioner Weatherly accom- panied by City Attorneys Ullman and Sadler submitted briefs against the con solidation ana made arguments before the commission. The gist of the city's con tention was that the bonds issued by the Tidewater company for the building of the road were issued in bad faith. The Tidewater lines have been in tha | hands of a receiver for the past two years and have been a losing proposition from the beginning.
 The next step on the part of the at- torney for the Tidewater and Birming- ham Railway, Light and Power company will, in all probability, be to file bill in the federal court asking that the name of the Birmingham Railway, Light and Power company be substituted for that of J. D. Kirkpatrick. Mir Kirkpatrick was the agent for the majority bond holders of the Tidewater line.
 F. D. Smith, who represented the ma jority bondholders of the Tidewater, and Forney Johnston, who represented the Tdewater lnes declined to comment on the decision of the commission.
 No information as to the probable &C., tion on the part of the commission was obtainable. MT. Weatherly, who has had charge of the case for the city, is out of the city on business.
 The commissioners, with the exception of MT. Barber, seemed to take the de- cision of the public service commission philosophically. Commissioner Truss sta ted that in asmuch the city could rot purchase the line and the consolida- ton meant transfers for all the people he was of the opinion it was a good thing. He added that he believed in the regulation of the corporations, but that it seemed as if the citizens of Birming- ham would profit by this merger.
 Commissioner Hornady said: "The city at least succeeded in getting a transfer out of the fight and this is consoling feature" Commissioner Ward said he had nothing to say in regard to the mat ter. Commissioner Barber said he con- sidered the bonds issued by the Tide water company as being issued in bad faith and would try to combat the issue further.
 City Attorney M. M. Ullman said: 'In view of the fact MT. Weatherly, who led the fight, is out of the city, I have noth-
 ing to say. My action will be governed solely by the will of the commission. :
 It will probably take from 60 to 90 days for all the negotiations and adjustments to be cleared up. At the conclusion of that time the Birmingham Railway, Light and Power company will take over the Tidewater lines and start at once to is- sue transfers throughout the district Tn which the two lines operate.