The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-08-19

On orr Judge w.
Grub, of the United States dis
| trict court for the southern dis
trict of Alabama, Lee C. Brad
| ley, receiver Of the Birming
ham Railway, Light and Power
company, and the Birmingham
| Underwater Railway company
will appear before the city
commission and ask that the
companies be released from the
existing franchise conditions Sc
that it may apply to the Ala
bama public service commits
sion to fix higher street car
rates to make it posse for
the company to operate wit.
out a loss.
|
the employees of the companies are en-
titled to an increase in wages and
that from the facts submitted the
company cannot operate with an in
creased wage scale unless this m
crease is accompanied by increased
revenue
JUDGE GRUBS'S ORDER
The following is the order issued ly
Judge Grubb:
American Cities company, complain
! ant, VS.. Birmingham Railway. Light
and Power company and Birmin5-
ham Underwater Railway company,
defendants.
Order on petition No 9 by receiver
This cause coming ON for hearing
upon petition of the receiver for in
structions with reference to the de-
! mands of certain of his employees in
the railway departments of the de-
PENDANT companies for increased
wages, and the court being of the
opinion that 1t is the duty of the re-
cefvcr to continue to operate the lines
of railway il it can be done without
serious injury to destruction of the
estate, and the court being of the
opinion that the said employees are
entitled to an increase in wages, and
the court bein. satisfied from the
facts submitted to it by the receiver
TINT the railway lines cannot be oper-
ated without injury and loss to the
estate on an increased scale of wages
unless the interest in wages is
companfed by such increase in fares
as will enable the receiver to continue
to operate said railway lines without
loss to the estate:
1t Is ordered that fhe receiver ap-
ply imme diately to the city commits
sion of the city of Birmingham for
its consent to waive the franchise
and contract restrictions as to fares
where they apply in the franchise and
fare contracts of both defendant COM
panies. with the purrose Of subsc-
quently applying to the public service
commission of Alabama for such
increase in fares as will iustify the
continued operation of the railway
lines by the receiver without loss to
the estate. after the wages to its emf
pioyes have been increased, may
he determined either by negotiations
or arbitration under the existing con-
tract with said employees.
And the receiver will renort to the
said court the result of its appIica-
tion to the city commission of Bir-
min ham,
Done at BIRMINGHAM, Ala, this 18th
day of August. 1919.
PETITION TO CITY
In compliance with the above order
Receiver Bradley filed the following
petition to the city commission:
To the Honorable City Commission of
Birmingham,
Gentlemen: / enclose
ca Copy of pc, tion filed by me
as received of the Birmingham Rail
way. Light and Power company and
the Birmingham Tidewater Railway
company on the 10th day of August
1919, in the district court of the Unitsd
States" for the southern division of the
northern district of Alabama, in the
cause pending in said court whereof
the receiver was appointed;
OBJ Copy of the order made in SAID
cause by the Honorable w. T. Gruob,
dated the 18th day of August. 1919
In compliance with the order 1fnads
by Judge Grub, | hereby apply ID
you to waive the franchise restriction,
and contract provisions of the fran
chise and fare contracts of the Biz
mingham Railway. Light and Power
company and the Birmingham Tide
water Railway company.
/ beg to remind you that the exist.
ing wage contract with the Amalganl.
ated Association of Street and Ele,- |
trio Railway Employees of America.
Division No. 725. of Birmingham. Ala. |
by its terms expires on the S1st day |
of August. 1919: that the next reg. |
ular meeting of the Ala bama publse |
service commission occurs on Monday. |
the LIST day of September. 1918, AMI |
that under the practice of the Ala |
bama public service commission a ret- !
time must elapse between the |
filing of a petition with the commits |
sion and the hearing thereof.
August Is, 1919.
will be glad to appear before yol |
in support of the application hereby !
made at such time as you may desig- |
nate for that purpose and to furnish !
you all information in my possession ,
which may be deemed pertinent 10 /
your action upon the application here |
by made Respectfully,
LEE C. BRADLEY. /
Receiver of Birmingham Railway,
Light and Power company and
Brmingham Tidewater Railway !
company.
BRADLEY'S STATEMENT
Receiver Lee c. Bradley made the /
following statement to representa- !
tive Of The Age-Herald yesterday aft. ,
ernoon:
THE existing wage contract was |
made on August 23. 1915. and contains /
the following provisions: