The Birmingham age-herald., 1923-08-12
.OPEN MEETING WILL DISCUSS NCE
Definite Plans For ConsuIta- ton Thursday At Capital With Senate Law Revision
 Committee Will Be Made
SENATOR BR0WER'S BILL WOULD RESTORE POWER

ll9 VI nCdt EoldtG pudi u
 Workers Saturday In Office
 Of Chairman w. B. Leedy,
 Definite plans for the conference Thursday evening at the senate chamber in Montgomery between & representative Birmingham delega- tion and the committee on i=w re- vision, when an attemrt wi, be made to revise the law denying cities of 100, ,GNO population or more the .r.~,,.,t to force railroad companies to con- struct necessary viaducts and under passes, will be put before the citizens of Birmingham at an open meeting at the Chamber of Comerce auditorium at o'clock Tuesday night, W. B. Leedy, Jr., chairman of the realtors committee, annonced Saturday.
 Details of the proposition were dis cussed at a meeting of the Realtors committee at II o'clock Saturday morning when city Conm.aioner W. F. Dickson, City Enginer A. J. Flaw kins, I. c. Beatty. J. I. Foster, and others appeared before the meeting conference. Presentation of his bill, now before the legislature, also was made by Senator Brewer.
 Brower's Measure.
 Senator Brewers bill reads in part as follows:
 Be it enacted by the legislature of
 Alabama:
 Section ]. That any city within lhs state of Alabama having a population on 100000 or more aco ing to the last or subsequent federal ceh=us, cf lf het ffT11 require persons CO porations own ing or operating railroads, street railroads, or part; of Q .er, to con struct and maintain at their own ex- pense subways, viaduct;, or bridges and their approaches under of over and across railroad or street railroad tracks running across 1r along any street or streets or othe public high way or highways and contiguous lands within such city. Whenever the governing body of any such city shall deter-'iro ny such improve ment necessary 1 tshall pass an or- dinance requiring the construction of such improvement, describing tho character and location of such pro- posed improvement with reasonable certainty, and stating the estimated cost thereo- and fixing a reasonable time for the construction of ths same. And where a VI1uuct, bridge hS, ton of which is so required. crosses over or passes under the tracks owned or used by difere1t persons or corporations, the governing body of any such city shall have full power and authority to apportion he cost thereof equitably among the differ ent persons or corporations owning or using said tracks"
 Intense interest now centers in ths pending Montgomery conferen. fol- lowing unanimous en -orsement of tna move b. the automobile dealers .ls Junior Chamber of Comerce and other representative bodies of Birmingham who have appointed COT mitc~ to e-. company the birmingham delegation Thursday. Eforts now center in in teresting as many ci4zens as -os- sible in the et thaFsBirminEh..n m be assured of delegatio sufficient to impress the committee there with the interest of this city in forcing an isue with the rail, oad companies.
 w. B. LeeGy. Jr.. has announced that Birmlngham can obtain needed legis- iation in the matter provided sIffi- cient interest is shown, and repre- sentative delegation pears sefore tn, commite on law revision with that enu in view, every citizen interest," in the viaduct situation is expec q to attend the meeting at the Chamber of Comerce Tuesday night.
 meeting of the realtors cou- mlttee will be held at 10 o'clock on Monday morning in the office of in. ". H' Leedy Real Estate and Insur- ance company when speakers for the Tuesday night meeting will be selected and other details settled.
 Because there are reported to be some misunderstandings about the 1911 act and 1907 code provisions in regard 10 the installation of yiaducts oI inS Birm.ngham. City Attorney W. d, Wynn has given the following a'aIYslS 0t the situation as it ef- f.Cts HirmipEham:
 .sections' 12g6 to 1901, inclusive. cI ta" code of Alabama, 1907, give
 cities having 8 900 or more pop- ti"G The right to require railroads to build Njaducts and underpasses at the e&pense of the railroads.
 Tn l"ll there was an act passed appiyns 10 Birmingham alone which authorized this city to join with the railroads in the building of viaducts and underpasses and to share in the expense.
 Tt was never the purpose of the act of 1911 to deprive Birmingham of the power given it under the code ons--namely, to require the rail- roads to Day all the expense-and in my judgment. the courts would not hold that the act of 1911 super sodeS the codes provisions, insofar 2s Birmingham is concerned. But in the present state of the law there Is some room for a contention by the railroads that the 1911 act takes away the power given under the code sections.
 The primary purpose of the pres ent Niaduct bill pending before the senate committee is to clear up this legal question and. perhaps, save the necessity of several years litiga- tion of this question.
 Incidentally, the present bill will set at rest the problem of who should pay damages to abuttine property owners caused by the con struction of viaducts and under passes.
 "If this bill is passed it will mean that Birmingham will speedily have the relief which the city SO badly needs, and is a fact which Is essen tial for the c'ty's cqAunued develop
 Birmingham has fewer viaducts and underpasses than any city it's size in the south which is cut up by railroads to the extent that Birmius- ham is. yet Birmingham is the best revenue producing city to the rail roads of any city of it's class in the scuth."