The Birmingham age-herald., 1924-12-20
AGREEMENT NEAR IN VIADUCT WAR STONE BELIEVES l.. & N. Attorney Thinks Plans Will Be
 Approved WILL FIGHT
 UNDERPASS LAW 24th And 18th Street Crossings To Be
 Spanned

There IS ample TeaSoi to pohc that negotiations now under way be- tween the city commission, property owners and the railroads will result in a complete agreement at an early date for the amicable construction of viaducts at Twenty-fourth and Twentv-sixth streets, John $. Stone attorney for the Louisville & Nash vile railroad, said Friday.
 Mir. Stone, in the first statement from railroad sources since the unsuccessful termination of conferences sponsored by the chamber of commerce several months ago, revealed that the city 8 plans for the Twenty-fourth street span had been approved except Tn rev minor details" and that settlement or the dispute over cost division, hVoN- ing S3l ,00O, appeats near.
 He further disciosed that drawings of the Twenty sixth street plans had been forwarded to the railroad execu- tives and that he had expressed the opinion to D. F.. Menasco, sponsor ot the project, that the l.. and N. would give its approval provided the cost to the railroad is not too great Men asco's plan, which has been approved by city commissioners and property own CTS, provides for viaduct containing 24 stores, with 40 feet of parking space reserved between each.
 Attorney Stones statement, made ln- formally to a reporter for The Age Herald, encouraged property owners and city authorities alike and caused widespread belief that definite action on both projects will be taken in short order. The Twentyfourth street pro- perty owners are led by H. N. Malony, prominent realtor.
 Attorney Stone said injunction suits would be brought, probably in federal court, to prevent enforcem 4nt of the city ordinances requiring underpasses to be placed under construction at Fourteenth, Eighteenth and Twentieth streets before January 1, 1925, but that the railroaGs, and certainly the L. and N., did not intend to let this litigation stand in the way of arriving at an amicable adjustment of the two viaduct projects.
 1.-The railroads feel that the under pass plans are not feasible" he con- tinued, but they see no reason why the viaducts cannot be built, since both the city and the roads agree that via ducts constitute the proper remedy north of Twentieth street The viaduct situation is being handled, and I look for an early agreement
 Stone said the railroads would fight the underpass plans fairly and square ly," and that if the courts final de- cision should be adverse, the l.. and N.. would promptly proceed to carry out the program ordered by the city.
 No Personal Feeling
 '"There is no personal feeling in the underpass litigation, Stone said. land the l.. and N., is not inclined to quit viaduct negotiations merely because we could not see our way clear to accept the underpass plans."
 The report was current at city hall that the Twenty fourth street project is all set' except for slight changes in the plans and an adjustment con corning property damages, involving only the Southern railway.
 Asked whether the carriers or tbe city would pay the $31,000 over which the recent controversy developed, Stone, as well as city officials, said there was nothing to give out on this phase of the negotiations for the present. Stone did say, however, that it is absurd to let $31 ,OOO stand in the way of a via duct for which all other details have been virtually completed"
 Stone said the railroads would want a heavy structure over the Twenty sixth street tracks, in view of the plan to erect store buildings on the span.
 It became known at the municipal building that scores of the city's lead ing business men had called on com mission members and urged speedy ac : tion on both projects. These calls are the result of the meeting several days ago of fifty Twenty fourth street prop e!ty owners in the office of H. N. Ma lony. These property owners, it is stated, also are squarely behind the Twenty-sixty street plant and Mir. Menasco said Friday he and his as sociates were likewise backing the Twenty fourth street project to the limit.
 While Mir. Stone has the viaduct question up with the Louisville and officials at Louisville, at torneys for the other roads involved are also consulting their chiefs and a de- tailed report is slated to be made with ill few days. A complete agreement with the city is expected to follow.
 The Twenty-sixth street plans were laid before city commissioners by Men asco, w. A. Watts, Rose Schilleci and H. M. GasSman, and were given prompt
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