The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1897-12-18
CHARGES AGAINST
WATER COMPANY
(contInued prom FIrst Pag.)

CONTINUED From First Paga)
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know what rate he would give us on this
elevator, and the best that could get him
to agree to was SIS per month as a mimi
num- This still thought too much, and
the elevator is still closed down.
'.All of the above and foregoing charges
1 claim cannot be disputed. because the
supreme court has definitely construed the
contract between the city and the COM
pany, and I know that the property named
above and the purposes for which the water
is used in the different places comes unoer
the head of what should be sold as meas
ured water and the supreme court has
decided that the company has no right to
charge for these purposes other than by
meter measurement.
A Class Considered Dwell ms
''There is a class of buildings which 1t
may be contended constitute dwellings, but
as to the meaning of the contract, and IN
the sense in which dwellings are referred
to. do not believe that these buildings
come under the head of dwellings. Such
was not the intention 1 refer to such
buildings as the Watts building, which is
used partly for offices and partly for sleep
ing rooms. The water for this building is
measured by meter, and minimum rate
of $3.50 per month is charged. The number
of gallons used is never shown, except
now and then when there is leak in the
fixtures and the quantity of water is suffi-
cient to amount to more than the mini
mum price The injustice of fixing min
imum price on a building of this character
is apparent. We are today paying no less
water rent for this building with one-half
the rooms occupied than we paid during
the time when the building was all occu-
pied and bringing in three times the rent
that it now brings in. If 80 cents per 1000
is a fair compensation for water for any
purpose, then why should not such build
ings as this be charged only according to
measurement?
1T control several such buildings as the
one last above referred to, and If the con-
tract does allow the company to charge
fixed price, or rather a minimum price,
reserving the right to charge by measure
ment whenever the quantity used amounts
to more than this minimum price, then l
say that 1t is very poor contract for the
people.
About the Complaints
"Mr. London says in his answer to AL
denied by the water works company that
some complaints are just, but it is assert
ed and can be established that in all cases
where just complaints have been made
they have always been dealt with in
spirit of justice and fairness and settled
to the satisfaction of the consumer. Such
has not been my experience
"As evidence that the water works COM
NH
trary rules and rates 1 herewith hand you
a small pamphlet gotten out by the water
works company which lays down the 'rules
and regulations governing the introduction
and use of water from the Birmingham
Water Works." After laying down and
setting forth twenty-six rules tariff of
water rates. is given Then comes a pub
LEGATION of seven sections of the city ordi-
nances which were passed for the protec-
ton of the water works property and the
conpany's rights, the last section prescrib-
ing the penalty for violating the other Sec
lions. These ordinances are only referred
to in connection with an inquiry which 1
desire to make. Are there any ordinances
fixing a penalty on the water company or
its officers for violating it's contracts?
Regulated by Measurement
.Exhibt A." which gives the rates the
company has a right to charge, and the
supreme court of Alabama has decided that
1t has no right to charge otherwise. As l
understand it, the court held that all
water shall be charged for by measurement
except for dwellings and for water closets
and bath tubs for private families. For
measured water the company has no right
to fix a minimum price. All that it is nee
essary for the consumer to do is to pay
the rental allowed for the meter, and then
he can use little or as much water as
he pleases, and pay for it according to the
rates named in the contract for meas
ured water BY comparing the rates al
lowed by the contract with the rates pub
lished by the company in the pamphlet
above referred to- 1t will be seen that the
company has arbitrarily fixed rates not
contemplated or allowed by the contract"