The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1897-12-18
CHARGES AGAINST
WATER COMPANY
Were Preferred at Committee
Meeting Last Night.
RATES ExACTED UNJUSTLY
And in Violation Of COmpanyS Contract
One Of the Allegations.
A SUPREME COURT DECISION
Touching the Question Of Rates Brough
in the Charges.
TABLE SHOWING ALLEGED VIOLATIONS
Touching the Question Of Rates Brough
in the Charges.
TABLE SHOWING ALLEGED VIOLATIONS

At the meeting of the water committee
last night large document, signed by T.
H. Motion, seeking to show that the water
company has, in violation of its contract
charged fixed rates for water without re-
gard to measurement, was read.
Mr. Motion was represented by his at
torneys, benson & Tanner. President
Earl General Manager Miner, Secretary
and Treasurer Graham and Attorney Alex
London of the water company We're pres
ent.
The members of the committee present
were: Messrs Kerr, Drennen, Hamilton,
Williams and Hentschel. Mayor Evans
presided.
At the opening of the meeting the
charges preferred by Mr.. Motion were
read. Mr. Tanner then announced that
they were ready to examine witnesses to
substantiate the allegations and cases spec
flied in the document just read. He further
stated that the issue before the committee
was purely one of whether the water COM
pany had violated it's contract. He said
that what other cities charged for water
or what the plant of the Birmingham Wa
ter Works company was worth did not
enter into the question.
Inc interview WIFI OHVer CHalllOuS re-
gardng rates of the water company, print
ed in The Age-Herald some weeks ago,
was read and submitted to the committee.
President Earle asked the committee to
delay beginning the examination until Mr..
London arrived In a few moments the
attorney came in.
When apprised of the condition of af-
fairs, he said that the committee had
agreed to furnish him with charges that
might be preferred.
Col. benson, in reply, stated that no new
charges had been preferred. He quoted
from the water company's answer to AL
derman Drennen's minority report, where
1t declared that the charge that the COM
pany had arbitrarily exacted fixed rates
was false. He said that the testimony to
be submitted now was to substantiate the
charge in the minority report and refute
the declaration of the water comapny
Examination of witnesses
The examination of witnesses then be-
gan. Messrs. Motion, McLoud, Ben Meyer,
L. Kemper, George Griffin and Strickner
were sworn and put on the stand. In an
swer to questions from Mr.. Tanner the
specifications in the document submitted
by Mr.. Motion were reaffirrned.
Some of them were cross-examined by
Mr.. London and some were not The lead
ing point sought to be established by the
defense was that in the cases of mimi
mum price being fixed only 2-3 cents a
thousand gallons was charged IL the unan-
tity used was in excess of the minimum.
Eight cents is the lowest rate named in
the contract.
The charges OF Mr.. Motion in part are
given below. In conclusion, Mr.. Motion
asked that when the final vote be taken
on the question in council meeting no
agent, emplye or officer of the water com
pany be allowed to vote.
The committee adjourned to meet Tues.
day night.
First National Bank Building
For this building the fixed minimum
price has been for years $40 per month. and
not until the last two months have been
shown the reading of the meter. except
occasionally when the quantity of water
used exceeded the minimum price at the
rate which the company is allowed to
charge per 1000 gallons. This building is
used entirely for business purposes, and
never to my knowledge has a single room
in it been used as a sleeping room. and.
therefore. the building cannot be classed as
a dwelling.
Second: Store room at No. 11s North
Nineteenth street; for this store fixed
charge of $3.50 per quarter was made until
few months since, when the company
put in meter and then arbitrarily and
without authority of law, or the consent
of the consumers, made charge of $1S5
per month. not showing to the tenant read
ing of the meter unless the mount used at
the rate of 30c per 1,G00 gallons was suffi-
cient to exceed $1.S5 per month.
Third: At No. 2O0S First avenue, store
occupied by the Smith & Montgomery Book
and Stationery company; for this store a
fixed charge of $3.50 per quarter was made
until a few months since when the COM
pany put in a meter and then arbitrarily
and without authority of law, or the con-
sent of the consumer made a charge of
$1.S5 per month as minimum price, not
showing the reading of the meter until
last month. For some unexplained reason
this November bill showed the exact num-
Der Of gallons used which at the rate of