The Birmingham age-herald., 1924-09-30
G J0LD PAY .ONErFOURTH COST 24TH ST. VIADUCT Commission Submits Fi- nal Proposition to
 Heads of Roads ATTEMPT TO SAVE
 FIGHT IN COURTS Limitation of Two Weeks
 for Acceptance Is
 Stipulated

In an attempt to save the proposed street viaduct from the maze of litigation that seems inescap- able over three other downtown grade crossings, the city commission Monday submitted to the railroads what it termed final proposition"
 ..cting for the entire commission, President D. K. McLendon wrote tbe heads of the Louisville & Nashville, Southern and Seaboard Air Line rail- roads that, the city would pay 25 per cent of the cost of bridging the Twenty fourth street tracks, provided the car riers accepted the proposition within two weeks and agreed on an immediate beginning of work. The cost of the structure was estimated at between $350, ,O00 and $400,00O, and the rail executives were reminded that the city is not legally bound to pay any part of the amount.
 Declaring that the commission had been slow to believe that the crossing tangle could be settled only through court action, McLendon wrote that there appeared to be no earthly reason for fighting over the Twenty-fourth street project, inasmuch as there is no difference of opinion as to what should be done.
 Letter to Officials
 McLendon's letter was forwarded to ". l.. Stanley, vice president ot the s. A. IL. railway; ". L. Mapother, presidsnt of the T.. s& N: railroad, and R. B. Pegram, vice president of the Southern railway. The full text fol- lows:
 Dear Sirs:
 "The commission of the City of Bir- mingham has been very slow to believe that the only method of settling our grade crossing problems is by litiga- tion. For this reason, as well as from our ardent desire to solve this problem amicably, we have spent about two and a half years in conferences and nego- tiations with the railroad officials on this subject.
 ''Even if litigation is necessary to settle the problem of grade separation west of Twenty-first street, this com mission can see no reason whatever for litigation as to grade separation at Twenty fourth street. It seems that at Twenty-fourth street there is no differ ence of opinion as to what should be done. The viaduct is the only solution uroposed by anyone. The law, we are advised, gives the commission the power and authority to compel the railroads to construct this viaduct entirely at their own cost. However, the commits sion is still so desirOus of avoiding liti- gation where it can be avoided that we wish to make one final proposition to you as to the building of Twenty-fourth street viaduct.
 Would Cost $4OO,OOO
 "The estimated cost of this viaduct, exclusive of damage to abutting prop erty owners, as estimated by our city engineer, is between $35O,OOO and $4OO,OOO. For the sake of avoiding litigation and delay, the city now offers to bear 25 per cent of the total cost of constructing this viaduct, including damage to abutting property owners, providing you accept this proposition within two weeks from the date hereof, and that we may go forward with the actual construction of this viaduct with out delay. This is the maximum share of the cost that the city has borne in the only viaducts heretofore built. am by this mail communicating this offer to the representatives of the other two railroads concerned.
 Awaiting your early reply, l re- main,
 "Very truly yours,
 ID. F. McLENDON,
 President City Commission of
 Birmingham"