The age-herald., 1898-07-07
WATER COMPANY
 WILL RESIST Renders Its Bills At the Same
 Old Rates. CITY FATHERS FORTlFYING Expected the Move and Passed Further
 Measures 0BLITERATING THE OLD CONTRACT And All Past Ordinances Pertaining
 to Water Rates. IT WILL GO TO THE sUPREME CoUaT. Citizens Can Refuse to Pay Any But New Rates and Enjoin Company From Sew ering Connection-C Company Also
 Liable for Mistlemeanor.
And All Past Ordinances Pertaining
 to Water Rates.
IT WILL GO TO THE sUPREmE Cousr

The city fathers have made their actual and the notice of resistance has been gwen The city council is determined on the question. It passed further measures last night to make the ordinance recently pass ed hold. good.
 On the other hand the water company is demanding payment of the same old rate on the pain of the severance of the water connection.
 , The city council by it's action intends that the people need not pay any but the legal rate (the rate recently fixed). When the proper amount has been offered to and refused by the water company a severance of connection would be considered a mis- demeanor by the city.
 Has Violated Its Contract
 The following is the first resolution of- fered by Alderman Altman last night and adopted
 Whereas, the Birmingham Water com pany has failed to comply with the con- tract entered into with the mayor and board of aldermen of the city of Bir- mingham, on, to-wit, the 22d day of June, 1SSS in this: First-The Water Works company has failed to supply sufficient quantities of water. Second-Said com pany has charged arbitrary and excess sive rates to consumers. Third-Said company has failed to supply at all times pure and wholesome water to the con- sumers and whereas. in divers and other respects, said company has failed and refused to comply with the terms and conditions of said contract; therefore be it
 Resolved that said contract, entered into by and between the Birmingham Water Works company and the mayor and board of aldermen of the city of Birmingham, on, towlt the 22d day of June, 1888, be and the same is hereby rescinded, cancelled and annulled.
 Right on top of that Alderman Altman introduced the following ordinance. The rules were suspended and it was passed:
 Be it ordained by the Mayor and Alder men of Birmingham, That the ordinance adopted May 31, 1888, and entitled An ordinance to provide for a more efficient system of water works for the city of Rirmingham Alabama" be and the same is hereby repealed.
 After this Alderman Altman said he thought that the action of the council on this question should be taken at once and on his motion the ordinance embodying the schedule of rates was repassed.
 ThrowsDown the Gauntlet
 The water company has all along been keeping quiet as to it's plan of defense There was no way to get at this until the date the ordinance should go into effect, July 1. The company has now expressed it's emphatic opinion as to what it thinks of the demand of the city and has refused to surrender. All bills have been submit ted at the old rates
 Now the interest centers in the plan of action to be pursued by. the city. According to the best authorities in the city council no citizen should pay the water company more than the legal rate. This amount should be rendered and then the company enjoined from cutting off the water. This Is the civil process by which the case would reach the courts.
 Others argue that the city council should step right into the fight and protect the citizens under the ordinance which provides that violation thereof is a misdemeanor and fixes the penalty at not more than one hundred dollars fine.
 By this process it is said the cause would reach the supreme court much sooner and be decided at once, probably In the fall.
 should Ask Protection
 An alderman suggested last night that a number of citizens refuse to pay the old tax and then petition the city fathers In a body for protection. He declared that each case would be misdemeanor and that the company could not afford to pay so many fnes He had no hesitancy in saying that he would refuse to pay his bill as submit ted for the next quarter.
 There is no doubt now but that the case will be aired in the courts and the decision on the rights of city in such matters will lay down a precedent