The age-herald., 1902-04-18
WATER COMPANY OFFICIALS HAVE
 NOTHING ID SAY Superintendent Reyer Said He
 Had Not Seen Gray
 Resolution CASE MAY GO TO COURTS President Anderson of Sanitary Com mission Believes Company Will Put in Filtration-Montgomery
 Contract Was Forfeited.
CASE MAY GO TO COURTS

No information could be obtained yes terday from the Birmingham Water Works Company as to what steps they proposed to take in reference to com pliance with the demand of the Mayor and Board of Aldermen that they begin work within thirty days on a filtration plant. MT. George Reyer, superintendent of the company. said that his people had not yet seen the resolution that was intro- duced by Alderman Gray, and that he had nothing to say. MT. Arthur Lynn, the general manager of the company, is in Plttsburg.
 Maj. F. Y. Anderson, president of the Jefferson County sanitary commission was asked what he thought of the action of the City Council
 Believes They Will Do It.
 'I firmly believe that the Water Com pany intends to put in a filtration plant, he said. Ut is to their interest to do 80. There is o-doubt but what the water ought to be filtered. Mir Gray's report makes that plain enough. As to the action of the City Council, that Is matter be- tween themselves and the Water Com pany, on which I do not care to express an opinion"
 Other members of the commission when seen took the position that 1t would not be proper for them to express opinions on the action of the council at this time.
 As to what steps the council will take to enforce It's demand in case the Water Company does not comply with it Is not known at the present time. City Attorney Smith is out of town and Mayor Drennen Is also out of the city.
 May Reach Courts.
 It is more than probable that the matter will reach the courts. The city, if tho Water Company refuses to filter the wa ter, might take the position that the con- tract was abrogated, and notify the Water Company 1t would not pay for the water. The latter might cut off the sup ply or continue to supply it. claiming that they are fulfilling their contract.
 The same question came up in Mont gomery several years ago, and ended in the charter of the water company be- ing forfeited. This case, known as the Capital City Water Company vs. the State ex rel. Macdonald, reported in 1o5 Alabama 406 and decided at the November term, 1894, may become a precedent. This case arose, it is said on account of the water company shutting off the supply to a MT. Macdonald. The latter was charged $1 to have it turned on and he decided to "get even'' with the company. He filed a suit in the nature of quo war ranto proceedings in which he asked that the company's charter be forfeited on the ground that 1t was not carrying out Its contract to supply the city of Montgom- cry with pure and wholesome water, but was, and had been for years, furnish ing water that was impure.
 Company Lost the Case.
 The company fought the case in the courts but lost 1t, it being decided that they were not complying with their char ter obligations to supply pure water, but were 'in open and fragrant violation of said duties and wilful misuse and abuse of corporate franchises" were furnish ing impure water and had been for three years, which endangered the health of the city. The court said it was better to supply a small quantity of pure water than large quantity of impure water. It's charter was forfeited and a receiver appointed. This resulted in the company being reorganized and ultimately Its fran chises and property were bought by the city of Montgomery.
 The resolution introduced in the city council Wednesday night was introduced by Alderman Gray. It was adopted with out any debate. the council seeming to have previously thought on the matter and concluded that Birmingham s water supply must be pure. Alderman Kerr was the only one who voted against the resolution and he stated that he was in favor of it except the thirty day clause within which time the company was or dered to begin work on the filter. He thought this time was not sufficient to give them opportunity to have the plans dra vn carefllllv and satiSfactOrilV-