The Birmingham age-herald., 1924-10-12
SEES COURT FIGHT
 AS ULTIMATE MOVE
Dickson Says Plans Under Way To Force Action
 By October 21
WITHDRAW sPROPOSA TO SHARE EXPENSES
Ordinance To Include Provision Calling For Viaduct At
 Twenty-Fourth Street

Commissioner William l.. Harrison, on behalf of the city commission, ap. pealed Saturday fori an assertion of # public opinion that will convince the railroads that Birmingham citizens are saaafely behind the commission in the fight for a system of underpasses- at downtown railroad. grade crossings | Detailing the efforts put forth by the commission in the face of the stub born refusal of the railroads to even consider underpasses, Harrison de- clared the support of every citizen IS needed in the hectic legal battle that lies just ahead.
 The city's crossing relief program, he added, is the most important project that has confronted Birmingham ln many years. He said the commission rejected .viaducts at all crossings west of Twenty-first street upon the vif- tually unanimous recommendations of the hest engineering experts in the country, and promised early construc- ton of underpasses if, the public lends its assistance.
 Coincident with Harrison's state ment, Street Commissioned w. E. Dickson announced that the commis- sion will take definite action towards forcing a start on the work by the railroads not later than Tuesday, Oc- tober 21. This action will probably pave the way for litigation in the court, with the railroads fighting the 2 underpass program.
 sas Viaduct at gath.
 Commission members will include in the ordinances soon to be enacted a provision. calling on the carriers to place viaduct at Twenty-fourth street. Repeated efforts to settle, the grade separation at this crossing in an amica- ble way have availed nothing, they de- clared. Nearly three weeks ago, final notice was sent the rail executives, giving them two weeks in which to make known their intentions, but these letters remained unanswered Saturday.
 Two weeks ago, the commission was willing to pay 25 per cent of the cost of the wenty-fourth+street span, but now it will seek, to place the entire cost on the. railroads. sa
 Commissioner HarrisonSs statement follows:
 Some weeks ago when the two prop ositions of grade separation, that of viaduets or underpasses west of Twen- ty-first street, were before the city com mission and when the members of the commission were wayering between these two methods I gave out q, state ment of my position definitely eommit- ting myself to the undeFpass plan. At a later conference of the city commls. sion they decided after weighing care fully both methods afid considering all phases as 1t affected this city both for the present and the future to definitely stand by the underpass plan presented by Engineer Hawkins and supported by all the previous city engineers of Bir minghanY and Commissioner Dickson was authorized to so notify a confer ence of the railroad representatives and chamber of commerce committee. Position Made Sure. ..
 ''The city commission realizing that this was a question of momentous im- portance to this city and the necessity of not only adopting the right plan but also the details in connection with that plan decided to make sure of their position by sending Commissioner Dickson and Engineer Hawkins on an inspection trip of grade separation of other cities. They were also empowA cred to employ an engineer of high reputation and experience in these mat ters, if necessary; to come to. BiTming ham to study the situation here with respect to these plans and give the city commission the benefit of his expert opinion. On this trip they were accom- panied by Mir. Sam Earle and Mir. Eugene Brown. representing property owners along Eighteenth and Twentieth streets.
 After their inspection they all re- turned to Birmingham and confirmed in their opinion that the underpass plan was not only the proper plan but was the only plan that would adequately serve the best interest of this city.
 Commissioner Dickson and Mir. Hawkins employed Mir. John ". Reid. city engineer of Detroit, who has just completed a eity-wide underpass plan for that city-and who is recognized as one of the outstanding experts on this question. He has already come to Bir- mingham, gone over the situation here, looked over the ground, studied the plans and has unqualifiedly rendered 'an opinion in favor of the underpass plan. He is now studying the details | of this plan, after which he will make his report and will probably offer some minor recommendations in the perfec- 1 tion of our underpass plan.
 Experts Consulted.
 "The city commission feels like it has taken every possible step that it l could to ascertain properly and cor rectly the best plan. They have forti- | fled themselves with this great mass l of expert opinion from these various | experts on this question. They know 1 that the underpass plan is more de- sirable one and less injurious one to | the city or the property interest af- fected. ~f'
 This is a great big undertaking. | One that means great deal to this city. The railroads have stubbornly re- | fused to even consider this plan. The | city commission is faced with the ne cessity of being forced to go into the courts to protect the interest of this city on this question. The commission
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