The Birmingham age-herald., 1924-09-17
PIN THEIR HOPES . ON 1925 PRIMARY FOR COMMISSION Fight Is Headed For The
 United States Su-
 preme Court COUNT ON SUPPORT OF LOCAL CHAMBER Believe They Can 'SelP Underpasses To Next
 Governing Body

The railroads believe they can win their fight. for via ducts instead of underpasses at the downtown grade cross ings by keeping the question in the courts until the present city commission retires late in 1925. Through their Birming- ham spokesmen they let it be known Tuesday they would bring litigation to resist the city's underpass program, bas- ing their defense largely on the contention that munich pality has no legal right to force carriers to elevate their track levels.
 A new commission is to be elected in November of next year, and the view prevails at city hall that grade crossing relief will be a major issue in the campaign. The present commissioners cannot bind their successors and the rail road executives feel that, with the assistance of Gen. w. L, Sibert and the Chamber of Commerce. they can "sell" the Niadact plan to the next conn mission.
 To Push Fight
 As City Attorney W. J. Wynn views the controversy, the city's strategy is to push it's court fight vigorously and try to rush the case to the United States Supreme Court before the pres ent commission retires. Then if the high courts decision sustains the city petition, he and other city officials feel certain that the next governing body would carry the underpass plan into ef- feet.
 "The fight will be pushed with all possible speed" MT. Wynn said, "but it may be three or four years before final decision is reached. However, if the case reaches the Surpeme Court durinp the term of this commission, their successors in office could not act until it is decided. In my judgment, the city will ultimately win every point involved in the controversy"
 Yhe present commissioners. admit they would not be adverse to seeing a campaign issue made out of the ques- tion. Those members who now plan to run for reelection, believe this would give them a strong talking point in their races.
 "We have this fight started and in the courts; now leave us Tn oftlce ana let us finish it and provide relief at the dangerous crossings" would be thelr campaign thunder. -t
 MT. Wynn and City Engineer A. J. Hawkins conferred Tuesday afternoon and later announced that the ordinances recurring the railroads to construct un- derpasses at Fourteenth, Eighteenth and Twentieth streets and viaduct at Twenty-fourth street would be ready for final commission action in a few days. Commission members hope to adopt the measures next Tuesday. If the railroads ignore the ordinances, their heads will be arrested on con tempt charges, and would counter with iniunction proceedings. This would place the entire question in the courts, and the carriers already have made It plain they will fight the underpass plan all the way to the highest court Of the land.
 Commission members said they were regretful that an amicable adjustment with the railroads was impossible. They expressed confidence that the city would eventually win every point in the htl- gation and declared the plan they are trying to force through will give BIT ro;n,,i,oua oermanent relief.