The age-herald., 1898-02-24
DENSON'S SKILLET
 BOILED THE WATER His Closing Argument a Vigorous At-
 tack. HE DISPUTED THE CLAIM That the City Could Not ReScind Com
 pany'S Charter. THE CITIZENS HAVE SOME RIGHTS The Special Committee Will Now Formulate Its Report and Submit It at the Next
 Meeting of the City Council.
THE CITIZENS HAVE SOME RIGHTS

terudy aIlefnOOn III the Clly Hdii. IiS confined his argument to the points of law involved and did not review the tes- timony to any extent. He quoted the su- preme court of the United States to show that MT. Londons arguments were un- sound and not borne out by the rulings of the highest tribunal in the land. A. T. London was not present, but was repre- scented by his brother John.
 Col Denson demonstrated that the city had right to annul the contract and send it's constabulary to Cahaba river to take charge of the plant if 1t saw fit and proper to do so.
 He placed Wanklyn, the great authority on water, against the testimony of Dr. w. B. Phillips to what constituted good and pure water
 In opening, Col. Denson said that the investigation had consumed a great deal of the committees time, but no more than was consistent with the dignity and the importance of the subject It was not merely a citizen who protested against the greed and avarice of the water company. MT Motion did not come as a chronic kicker as he had been called. It is impos- sible to separate one citizen from the whole in case of that kind. It was many taxpayers who asked for that sublime jus tice which should be meted out to every citizen of Birmingham.
 Legality to a Tyrant
 "Why did MT. London give a detailed history of the water company?'' asked Col. Denson. "Why did he lay stress on the fact that for nine years the doings of the water company had never been ques- tioned? Legality can never be given to a tyrant by the mere extension of time. It Is never too late to do right. If nine years have trar spired and they have been unmolested. then the present case requires the more consideration.
 You are not dealing with citizen on one side and a corporation on the other. This city council stands here a gov erning power. not as private individual. We can't be deterred by able counsel from the performance of our duty. Honest men cannot be frightened. What enlightenment did the history of the water company throw on the subject? What men build a water works for beneficence and benev- olence? They say they have not made great dividends. What in the name of God has that to do with 1t? Does that entitle them to threaten and. trifie with the lives of the citizens of Birmingham by injecting impure and unwholesome water into the city? They fix their minimum, and the people have to pay it. They tell you that they have contract and you can't pre- vent it. They cut consumers off. but you can't cut them off, Are you going to be deterred by their threats?
 Have Lost Money
 "They say that they have lost money. If they had lost every solitary penny they owned, if they had lost their bed quilts and even the tombstones from the graves of their ancient ancestors. what has that to do with the present case? The lives of 50 900 human beings are of far more importance than $600.900.
 "They say you haven't the power to re- scind the contract. The supreme court of the United States says you have. You can report back to the city council and 1t can pass an ordinance declaring the contract rescinded and appoint a receiver to take charge of the company's works at Cahaba river, even though it is outside of the cor porate limits.
 "It is remarkable fact that there Is not an ordinance to punish the water company for violation of it's contract. This is the only city in the United States where such is the case so far as have been able to find out. This shows the iaxity by which things have been done by former city coun- cils. There is an ordinance to punish citi zens for polluting their polluted water. You punish the citizen, but do not punish the 
 Col Denson then read from the company's charter obtained from the legislature. It set forth that the charter was granted to the water company to furnish an ample supply of good and pure water to the city of Birmingham, the same of which is badly needed.
 W. CT. U. Couldn't Do Better
 eff that had been written by the W. c. T. U, it could not have been better" said Col Denson. ''The devil can quote Scripture to serve his purpose. bondholder comes fin here, crosses his legs, pulls out his cigar and says. You can't touch us; we've got a charter. They will have cold water on them if they dons't mind. They may be compelled to walk Spanish before Sat urday night week. They fooled the Iegisla- ture now they are trying to fool you Their contract was made to make money Do tsey want the city afflicted with a plague to satisfy their greed and avarice? If that is the standard of their benevolence, be their benevolence.
 ''They say that they will cut your water off and put you at the risk of fire and com- pei the people to do without water. Will they? Just let them try it and we will warm their jackets so that they will pray to high heaven that the rocks of Red fall on them and crush them. You have the authority to rescind the con- tract and send your constabu1ary out to river and take charge of the plant even if 1t is outside of the city limits. The supreme court of the United States says you have.
 ''We don't say that we want the water works torn up. but 1t can be done. Give them time for repentance. But believe in hell if you don't repent. If this commit tee and Tanner and myself were as ignor- ant as London pretended we are we would not know the Lords prayer when we saw 1t, and hell would be our doom.
 Went in Fine Carriages
 ''Major AIiIner carried the city council out to see his water works. They went put in fine carriages, drawn by beautiful gray horses. and people who saw them thought that a king had come to town more powerful than even Vulcan III. guess they had segars and something to drink. and Miners company paid for 1t