The Birmingham age-herald., 1921-07-20
WAIVER OE RIGHTS
 IMPOSSIBLE, CITY
 WRITES BRADLEY
Tone of Finality in Answer of City Commission to Re- ceiver BradIey's Letter
 of July IA

Waiver of important rights of a permanent character even to ac- complish a temporary economy to the receiver is impossible until the basis of reorganization to be adopt ed is known, Lee c. Bradley, receiver of the Birmingham Railway, Light
 and Power company, is told in the city's reply to his letter of July IA. The commissions answer was made public yesterday afternoon.
 The city's deslre to be helpful in every particular consistent with the city's interest was expressed I. ". Ross, consulting engineer of the city, has been asked to cooperate in every way, 1t is stated, willingness to consider any recommendation which may result Is also expressed.
 tone of finality of discussion through correspondence seems to have been adopted by the city. Un- willingness to prolong the argument because nothing is being done is the stand which appears to have been taken by the commission and counsel. Their attitude is that the next move is up to MT. Bradley and that a move towards cooperation and not toward Underwriting is now in order. Reply of City The city's reply follows: Mir. Lee C. Bradley
 Receiver Birmingham Railway, Light & Power Co.,,
 Birmingham.
 Dear Sir:-
 Replying to your letter of July
 fl, we desire to say that you
 seem to misunderstood our letter
 of July 13 relative to the propos-
 ed traffic suvey and Tidewater
 study. Perhaps it will clear it.
 up for us to state that counsel
 for the city interpreted your pro
 posal as committing the city to
 some form of action in advance
 of the results of the study. Also,
 as possibly committing the city
 to franchise adjustments and ex-
 tensions at time when proceed
 ings might be pending to deter
 mined the validity of underly-
 ing franchise conditions.
 We desire to be helpful in every particular consistent with
 the city's interest. We could not
 waive important rights of per
 manent character even to accom- plish a temporary economy to the receiver until we know what
 basis of reorganization is to be
 adopted. We would be disposed
 to make tentative. arrangements without prejudice to the perman
 ac1 seemed to go further and to try to make up record that would commit the city to definite fran chise provisions. That is the
 reason why we advised you that your proposal for close co-opera- tion was necessary in connection
 with other matters affecting the property and its reorganization, as we'll as traffic and re-routingN
 studies.
 "If we misunderstood your proposal and you are willing to proceed we have asked MT. Ross to cooperate in every way and will be glad to consider any re- commentators which may result. If you are unwilling to make the studies necessary to economies in operation until you have received assurances of permanent fran CnlSe fGV1SlO1. we WILL iC6ltt lhds conclusion, for we cannot commit the city permanently and finally until we see little more clearly the outcome of the reorganiza-
 ton.
 We trust that your can pro- ceed, with the studies and that helpful information and sugges- tions can be developed on which both the utility and the city can afford to take action.
 This letter and our letter of July 13 state ourl position. We are not trying to make up re- cord ih this matter and we sug-
 gest that if you are still willing to go forward with the necessary studies, you have MT. Pevear to
 get in touch with MT. Ross and work out the procedure. Yours very truly, Commission of the city of Birmingham. by
 JOHN R. HORNADY. President protem