The Birmingham age-herald., 1922-12-17
PAsSE ENCER TRACK
 USED FUR FRE|GHT ASSERTS kENDR|CK
Veteran Engineer Brings Out Interesting Legal Phase of the Belt Line
 Situation

i Julian Kandrick, former city en- gineer of Birmingham. and the man
 probably more familiar with fran chise records than any other man in
 Birmingham, Saturday expressed the opinion that under the original grant,
 one of the Belt line tracks on Ave
 nue E was dedicated for passenger traffic alone the other for freight traffic exclusively.
 The point Is interesting in view of
 the efforts now being made to pre- vent the removal of one of the tracks, both of which have been used en-
 tirely for freight for many years.
 Hearing on the proposal will be held
 at the county court house January b. Hendricks Statement
 Mir. Kendrick made the following statement on the subject:
 "The controversy over the removal
 of one of the tracks on a portion of Avenue E will doubtless lead to the ! study of Birmingham's early street railway construction. Whilse 1t has been some time since I have had oe- ca sion to examine the records bear 1 ing on the franchise of the tracks 1 under consideration, yet. predict that a thorough examination of all | franchises, ordinances and contracts ! relating, thereto will establish the fact that one of the tracks is for freight traffic alone, and the other for passenger traffic exclusively
 "In aSS5 the city granted fran
 chise to the Elyton Land company. authorizing the construction of a street railway as follows: Beginning at First avenue and Nineteenth street, thence along First avenue to Tw enty-second street. along Twenty second street to Avenue P, along Avenue to Fifteenth street. along Fifteenth street to Tenth avenue,
 south, along Tenth avenue. south. to Eighteenth street and Cottonwood avenue, along Cottonwood avenue to the intersection of Nipeteenth street and Eleventh avenue, south. along Eleventh avenue. south. to Twentieth
 street, along Twentieth street to Highland avenue. along Highland avenue to Twenty-ninth street. along Twenty-ninth street to Avenue c. along Avenue G to Twenty y-seventh street. along Twentyseventh street to Avenue F, along Avenue l. to Twenty second street.
 T do not recall whether or not the entire description of the line was contained in the franchise, since a large portion of the route was not within the then corporate limits of Birmingham, but at any rate. the entire line described was constructed about that time. The Twenty second street viaduct was also in- cluded in the franchise. This is the route over which the Highland ave Enue dummy trains" were operated for ma nX ySaEs. Eater there was a con- fisoiida ton 5ofAthis road with the Bir- !smin gham Belt railroad company un- der the name of Highland Avenue and Belt Railroad company. About this date the city. as I recall. erAnted this company the right to use one track on Avenue E for freight traffic. 4Later the Birmingham Railway. Light and Power company, or it's pre- decessor, acquired certain tracks and Belt Railroad company, resulting in
 the abandonment of passenger traffic on Avehue E, and the abandonment | of the z syackst from Tenth avenue. south, and Fifteenth street to Nine teenth street and Eleventh avenue. south. and on Twenty-sevenths street i from Avenue F to Avenue E.
 No Ereight Permission
 q do not recall seeing any record of the city having granted permission n for the use of the second track on Avenue F for freight haulase.
 "The construction carried out under the original franchise left it's perma- lncnt marks on the map of BirminB ham even where the tracks have been abandoned. In order to afford more room in the streets along which the steam dummy trains were operated. and flatter curves at the turns, Eff