The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1917-09-04
DEWATER MATTER
I. COMES Up TODAY IN
ULLMAN'S REPORT
City Attorney Will Answer
Questions Regarding
Voiding Of Franchise
OPINION ADVERSE
TO THE LITIGATION
Report Will Be Made in Response
to Formal Resolution by the
Board Calling for
Information

While the matter Of electing or not
electing as the case may be, a successor
to James Weatherly may draw enough
CT the curious ones to the city han this
rnornins to take ali Of the ringsids seats,
tnere Is another matter that may draw
more attention III the final analysis
City Attorney Ullman is expected to re.
port On the status of the Tidewatsr fran
cnlse according TO the request of the
commission, conveyed to him in the form
II resolution, which reads
Resolved, That the whole question OF
the city's rights as they are at present,
and as they are found to be by the cry
attorney, with reference to the franchise
oil tho Tfdewater Railroad company SO
called, end all questions relating &c these
franchises that would be Of interest to
this commission and to the people of the
city of Birmingham, be reported as
speedily as possible by the city attor-
ney to this board"
READY TO REPORT
Attorney Ullman announced yesterday
that he was ready to report, and ex-
hibited stack of typewritten manu-
prefaced by a report in writing as to his
deductions in the premises.
Mr. Ullman will tell the board today:
First-What is the nature of the
franchise granted to the Birmingham,
Ensley and Bessemer railroad?
Second-What was the effect of
clause or paragraph IS in the fran
chise as granted as to the alienability
thereof to the competing or parallel
line?
Third-Did the legislature have the
right to enact the statute authorizing
the transfer of franchise granted by
the city of Birmingham to parallel
or competing line, without the APP
prevail of such transfer by the gov
erning body OF the municipality?
Fourth-Is it now necessary or ad-
visable or possible to review the ac-
ton and decree of the federal court
confirming to the Birmingham Tide
water Railway company the transfer
of the properties and franchises of the
Birmingham, Ensley and Bessemer
Railroad company?
Fifth What would be the effect of
uSSididtiOH III lie IOllu Ol d feSOlu-
ton or ordinance by the city of Bir-
mingham declaring the franchise re-
volked on account of an alleged viola
ton of section 10?
Sxth-Can the city successfully
maintain an action at law or in equity
to enforce a declaration of forfeiture
of said franchise on the ground of an
alleged violation or evasion of the pro-
hibitions contained in section Is of
the franchise?
Seventh--If such legislation be main
tainable by the city and such fran
chise be successfully forfeited. what
would be the position of the city's
rights at the end Of such litigation?
ARGUMENT EXPECTED
Mr.. Ullman will go into the details Of
this proposition, and there is every rea-
son to believe that there Will be some
argument over the matter. with a great
deal of interest being taken by the spec
tators.
The final recommendations OF City At
to-ney Ullman, sinlmered down, will be
to the effect that Birmingham will be
unable to change the status of the Tide
water situation, as there would be long,
expensive and laborious litigation. the
outcome of which, it seems, would pre-
sent insurmountable difficulties to the
successful termination of such a course.