The Birmingham age-herald., 1924-06-22
CITY AND ROADS. STILL UNSETTLED. ON VIADUCT PLAN
Sibert Not Ready To Re- port On Findings To
 Commission
CITY PLANS ACTION
 BY FIRST OF JULY
Carriers Suggestions Un- satisfactory, Mem
 bers State

City commissioners, the Southern and Louisville 6 Nashville railroads still are far from an agreement on plans to construct viaducts and underpasses at dangerous grade crossings in downtown Birmingham, commission members admitted Sat- urday night after 8 conference with Gen. W. L. Sibert, Mobile engi- neering expert, who is preparing recommendation for the Chamber of Commerce.
 Sibert showed Commissioners D. E. McLendon and W. E. Dickson sketches containing suggestions giv- en him by the railroads. These call for a viaduct at Eighteenth street, with no protection for Fourteenth, Twen t ct h and Twenty-fourth streets. The commission is insisting on underpasses at Fourteenth, Eighteenth and Twentieth streets and a viaduct at Twenty-fourth street,
 Nothing official took place at the conference, as the general will not be ready to submit his findings for sev- eral days. He gave no indication as to what his report would call for.
 Comnlsl0n President AIcLendon an nonnced that General Sibert's report would be FeceiRed through the Cham. Der of G0fameFce and that it would be IA. 4 IA AL A the commission would be ready to start definite action towards relief at it's regular meeting on Tuesday, July 1.
 Suggestions Not Satisfactory
 The railroad suggestions as outlined by General Sibert will not be satis- factory to the commission, members said
 City officials believe Sibert's inten- tion is to present two complete plans for relief--one calling for viaducts and one for underpasses. His underpass plan, it is believed will vary only slightly from that already drawn up by City Engineer A. J. Hawkins.
 Ordinances carrying out the citys plan to obtain relief at Fourteenth, Eighteenth, Twentieth and Twenty fourth streets have been drawn and it will be up for passage July 1.
 Passage of ordinances by the city will be the first definite step in what is expected to be a long drawn out legal battle. The railroads have not com mitted themselves to the city's plans, nor to any other plans, and may go into the courts.
 Injunction Suit
 Even if the railroads finally accede to the demands for the city ordinances, the commission will be confronted with an injunction suit to prevent tEA elevation of the railroad tracks at certain points. Notice of sLch an injunction was served some time ago by J. A. Van Hoose, a former mayor, who owns property abut' ting on the railroad tracks.
 City Attorney w. J. Wynn, armed with numerous court decisions, is ready to resist any and all efforts to block the construction work at tho crossings. He says the law is ample and expresses confidence that the city will win any fight that develops. -Ie admits, how ever, that legal action may delay the work for some time,
 The city in adopting the ordinances, will give the railroads a reasonable time to begin construction work probably 60 or 90 days. If activity has not started at the expiration of this time limit, the legal department will go into action and attempt to force the roads to start work.
 In discussing the situation Saturday, President McLendon expressed the be- lief that court action with the railroads would not be necessary.
 The heads of the affec ed railroads, when in conference with the commits sion recently, displayed willingness to cooperate in every way possible, and I can not make myself believe that either the Southern or the Louisville & Nashville will block the move for early protection of these dangerous crossings, which are causing deaths and serious injuries almost monthly"
 City Attorney Wynn believes that any injunction suit to prevent track eleva- tions could be swiftly disposed of. The city would urge early hearings of all legal proceedings brought against the underpass work. Wyn. said.