The age-herald., 1898-07-12
THE FIRST GUN
 HAS BEEN FIRED. In Fight Between the City and Water
 Company. 1T WAS SET OFF YESTERDAY Writ of Temporary Injunction Granted
 By Chancellor Cobbs, RESTRAINING THE CITY FATHERS From Enforcing the Recent Action of the Board of Aldermen-Ciy Attorney Lowe and
 Mayor Evans Talk --Mr. Lon
 don's Side of Question.
RESTRAINING THE CITY FATHERS

ihe hfsI gun m the legal light between the city authorities and the Birmingham Water Works Company was fired yester- day by the water company. Alex T. Lon don, attorney for the company, filed bill of complaint in the chancery court alleging that the recent action of the mayor and board of aldermen Illegal in repeating city ordinances protecting the company; in annulling the contract by and between the city and the water works company; in adopting d new schedule of rates, and in employing counsel to enforce said schedule; and praying that an injunction be issued restraining the city from enforcing such action
 In accordance witfI the prayer of the pe
 titioner Chancellor Thomas Cobb granted a temporary writ of injunction against the city, copy of which was served upon Mayor Evans late yesterday afternoon.
 August has been set the date of hear ing the motions in the. cause.
 The City Authorities
 Mayor Evans when seen by an Age-Her- aid reporter, said that he had received the injunction only a few minutes before and had not had time to get any legal opinion on 1t. He thought however, that It would preciptate the fight and bring 1t to an early close. He said that he thought the best plan for ths citizens to adopt was to pay their rates under protest and then let the courts settle 1t.
 City Attorney Robert J. Lowe, when asked about the injunction yesterday, sald that he had not even read the bill, but nis impression was that no injunction would reinstate a law which had been repealed by law-making body. He doubted the authority of writs to enjoin law-makins body from passing laws anyhow, especially the setting aside of laws after. they were
 passed
 When they get to issuing injunctions," said Alderman Mel Drennen, "they're get
 ting out of my class, and you'll have to see the legal members of the board to ma out where we stand now"
 The office of the water works company was crowded all day yesterday with con- sumers looking after the payment of their bills. The company steadfastly refused to accept payment under the new schedule of rates, and insisted that they would turn off the water if the bills were not paid for the amounts rendered.
 It seems, however, that most of them "came across and paid their bills accord
 ing to the company's demands, though
 they did it under protest.
 Refused to Pay
 J. H. McCary was one of those who re- fused to pay. He said that heretofore he had been compelled to pay &.50 quarter for a four-room house and that for the en- suing three months the bill had been ren- dered for s6, and no additions had been made to his house. He further said that ha knew of spyeral others who had also had their rates increased.
 T. H. Motion said that the bill for his residence had been increased from $s to $14 a quarter, though the raise had been on the ground of "sprinkling privileges And when come home tA light" said MT. Notion "I find tha< during the day the company has put in meter and suppose in future they intend to charge me accord ing to it. Now under the old contract, the company had no right to put in a meter for residence property, and they evidently put in my meter under the new contract, which the city proposed. I understand that the company is also putting in meters for other residences also. They claim thar- the old contract is still in force, yet they are taking advantages of such parts of the new contract, which they say they reject, as may best suit their interests. It's a funny way the water company has of do ing"
 Attorney London Talks
 Attorney Alex T. London, of the Water Works company, when seen last night talked freely on his side of the case "As have contended all along" said MT. London, tour company doesn't want to get into fight with the city and we have adopted every honorable means to avoid it, but it seems we failed. We offered to give up $17,000 annually of our income by establishing maximum number of gallons which could be used by the consumer under the old contract and for all over that an extra charge was to be made. "But the city was not satisfied with this, and wanted us, not only to put in meters and establish this maximum quantity, but they also wanted us to reduce the rates. This would have caused a loss of $32 900
 a year, which is over 75 per cent. of our gross receipts. AS the company has never | paid more than per cent. dividends on the l $1, 400, 900 invested, concession of $32,OOO 1 year would simply be suicidal. "Under the injunction Chancellor Cobb 1 granted us this afternoon, he holds that the action of the board in revoking all ordin ances which protected the aTzar Works 1 company was illegal. Consequently until | the injunction is decided, the old Ordin- l ances remain in force In case a consumer | refuses to pay his bill, we will cut his | water off. If he turns 1t on, and the city refuses to punish him for his illegal act, 1 we will cut him off at the main, and take | out his connection entirely if necessary. | Such proceedings would, of course, be dis | agreeable, but we must protect ourselves | in some way.
 q hear that there are some complaints l about an excess in the amounts of the bills 1 rendered. If all such bills are brought to l me, or to any other officer of the company, l for that matter, will guarantee that they ] will be made to conform exactly to the | schedule of rates. Or If any overcharges l have been made in the past through mis- | take, the money will be refunded. "Of course we sometimes make mistakes. 1 Everybody does But where we make one l overcharge through mistake, there are fifty l cases, dare say, where we remit large | part of the bill on account of the inability l of the consumer to pay it." Another Question Raised
 "The city by It's action of resembling the l contract existing between itself and the l water company claims. of course, that