The age-herald., 1898-10-22
ATTACK ON THE
 WATER COMPANY Charter Rights and Corporate EziS-
 tenCe Questioned. PETITION FOR DISSOLUTION
Entered By J. s. Clancy Through
 DUnSOn and Tanner.
AVER VIOLATION OF CONTRACT
Company Will Appear in Court to Show Cause Why Its Rights Should Not Be Ihvalidated- Set
 for November 5.

The charter, rights and corporate ex- istence of the Birmingham Water Works company have been attacked in the courts and the company commanded to appear and show cause why It's charter should not be annulled and the corporation dissolved. A petition was yesterday filed in the cir cult court by John s. Clancy in his relation to the state of Alabama through his attor- neys, Denson & Tanner, praying for writ of quo warranto to be directed to the Birmingham Water Works company re- quring il to appear on the 9th day of Mo- vember and show cause why its charter should not be forfeited and annulled and it's corporate existence be dissolved. The petition is brought in the name of the. state of Alabama on its relation to John $. Clancy and is in substance as follows: Substance of the Petition
 "John S. Clancy presents this petition and shows that he is citizen of the city of Birmingham and Jefferson county, Ala bama, and over the age of 2l years. That the Birmingham Water Works company claims to be a corporation existing and chartered under a special act of the legis- lature of Alabama, approved in the year 1885, That in the declaration for 1ncorpora- ton the petitioners state that an amply supply of good and pure water for all do- mestic and ordinary manufacturing pur- poses is greatly needed by the city of Bir- mingham, it's inhabitants and the 1nhabi- tants of it's suburbs. That the said incor- poratcrs ask to be incorporated for the purpose of supplying these needs. That pursuant to this declaration the above re- ferred to act of incorporation was passed by the legislature, and it is set forth in the charter that said company is to furnish to the city of Birmingham and its inhabi- tants and the citizens of it's suburbs an ample supply of good, pure and wholesome water. That it shall have the right to erect and maintain in or near the city of Birmingham one or more water Works pumping stations, and to erect, maintain and lay through the streets, avenues, alleys and public grounds of said city it's mains pipes and other fixtures, for the purpose of supplying water to said city and it's inhabitants.
 That at the time of the granting of the above charter rights, privileges and fran chises, the Elyton Land company were then, by contract with the city of Birmng- ham, furnishing the water used in the said .Acfts5-afre tlsat ,shs successor to the klyten- Land comoany, the Birmingham Water :, orks company entered into the contract lately existing with the city, whereby It contracted and agreed to furnish an ample supply of good, pure, clear, and wholesome water for all purposes, and were empowered by said contract to charge certain rates therein specified for the use of its water.
 Has Violated It's Contract
 petitioner ayers that, notwithstandfn the clear and obvious duty of said water works company to furnish to said city and its inhabitants an ample supply of good, pure and wholesome water, in accordance with the specifications of the charter, said company, in open and fragrant violation of it's charter rights, franchises and privileges. has failed and consistently refuses to com ply with the requirements aforesaid, in that the water furnished is neither ample, good, pure nor wholesome; but, on the contrary, is insufficient in quantity and quality, and in character it is muddy, impure, unwhole- some, filthy and incalculably dangerous to the life, health and comfort of the city of Birmingham and it's inhabitants, and that the rates charged by said company for said Watetr are unreasonable and dlScr1mina- tory.
 "Petitioner further ayers that on the 1st day of December 1897, the city council of Birmingham, under resolution offered by Alderman D. M. Drennen, appointed a spe- clal committee to investigate certain charges which had been preferred against said company, among others, for its fail ure to furnish an ample supply of good and pure water. That said committee invited said water works company to appear and defend said charges, and that said company appeared by its able counsel, and said com mittee proceeded to hear evidence pro and con, both oral and written, upon said charges; and after all the evidence had counsel and submitted a report to the city council, sustaining said charges and on t5 the 18th day of June, said city council o unanimously adopted the report of said committee and passed resolution annul- ling it's contract with said water works company.
 Wherefore your petitioner prays for a F writ of quo warranto some other writ of equal appropriateness directed to the F sSa Birmingham Water Works company, commanding it to appear and show under what warrant of law it exercises the rights, privileges and franchises aforesaid and act ing as a corporation; and also show cause, if any 1t can, why its charter, if any it