The age-herald., 1898-02-19
THE INVESTIGATION IS NEARING AN END The Special Water Committee of the City
 Council HEARD THE FIRST ARGUMENT In the Investigation Against the BirminS- ham Water Works Company. FULL REVIEW OF THE. TESTIMONY Was Made by Attorney Tanner, Who Recom- mended That the Charter Be Annued
 The Committee Will Meet
 Again This Afternoon.
FULL REVIEW OF THE TESTIMONY

The special committee of the city coun- cil appointed to investigate the Birming- ham Water Works company, held another meeting yesterday afternoon. The argu- ments in the case were begun; MT. Tan her opening for the prosecution.
 He reviewed in detail the evidence which had been adduced in the case, and dwelt upon the contract existing between the city and the water, works company, and quoted freely from the Smith case in the Alabama Reports. which case specified in particular, the relations existing between this company and the city. MT. Tanner said that this case stated in ambiguous terms that the water furnished every business house must be measured by a meter and that an arbitrary price for this class of buildings was entirely illegal. If there are sleeping rooms in a business house or office building, these rooms, as decided by the Smith case, constitute a dwelling, and all the rest of the building must be measured by meter. The water works company, he said, has no discretion in the matter of putting in meter when and where they please.
 MT. Tanner also cited the testimony of T. H. Motion, who had been charged a. fixed rate for the First National bank building which is an office building, and when a meter was finally put in the bill was much teSS tilin ttlt iOfiHei HAcu IdtS. This and other cases showed that even where there was meter, minimum rate was charged, no matter how little water was used, while if the meter registered over the minimum the excess must be paid for
 He quoted from Chief Mullen's testimo- ny, showing that the pressure of water for domestic purposes was only about 5) or 60 pounds. The contract with the city requires an s5 90-pound pressure. He h tomatic attachment on the company's mains was not absolutely certain of work ing and was not safe. He said that the company had records in their office of the water pressure for every minute in the day for years past and added: Why don't the water company produce these charts to prove the contract pressure? Continuing, he said: Major Milner tes- tified that if both nozzles of a fire plug connected with 3-inch main were open, there would be only about a 30-pound pres sure, while block away it would be only about 15 pounds. and that he did not con- slider it as good fire protection as might be-
 1.-The quality of the water which has been furnished is not such as is required by the contract, and furthermore it is impure and unwholesome,' exclaimed MT. Tanner, reaching for glass of the vile stufr' sitting near by, and drinking a deep draught therefrom. 1.-The only witness
 
 quality of 'thedr water was an expert" and even he did not say that the water was clean and wholesome but only that his report was favorable to the water company. On the other hand Mims Stone and many others testified that the water contained mud and slime which they cer- tain,y considered unwholesomIe.'
 "One point made by MT. Lonion for the defense" said MT. Tanner. twas that no complaints were made to the company. The testimony of their own bookl1eeper re- flutes this. He said that they had many complaints every day."
 MT Tanner said that the rule of the company in charging 50 cents for turning on the water was illegal.
 ''One of the bylaws" he continued, "says that the company has a right to change its rules and rates from time to time. This is what the company has con- stantly done, which is in total violation of it's contract with the city" "A distinguished lawyer of this city,, said Mir Tanner, within the past twen- ty-four hours, obtained franchise from the board of aldermen to erect a new gas plant and thus crush out a grinding mo- nopoly which has so long held it's sway over the city. This lawyer is MT. London, a gentleman who now appears before you upholding this tyranical water monopoly. I call your attention to the incongrsrity of this dual position"
 MT. Tanner closed his speech with an appeal to the committee to look after the interests of the citizens and recommend that the water works company's charter be annulled. Afn
 The meeting then adjourned until this afternoon at o'clock. MT. London will speak for the defense and Col. Denson will close for the prosecution