The age-herald., 1902-04-05
That Official Must First An- SWer Questions Put
 to Him
SHRINKING CONTROVERSY
City Turns Down Water company's Proposition for Legal Contest.
 Slim Chance of Question
 Reaching Courts.

Mr. Alex T. London, being asked If he would reply to the interview of Mayor w. M Drennen in the Age-Herald yes- terday, In which the Mayor ironically promised that he would give the Birm- ingham Water Works Company perms sion to refund the s60,0O0 ''conscience fund" to the city. Mr. London replied:
 'I do not desire to continue this discus sion with Mayor Drennen unless he an- swers some of the questions I ask him."
 Representatives of the Water Works Company declined to make any statement or discuss the offer of Mayor Drennen Superintendent George Reyer said that the Water Works Company had nothing to say either to Mayor Drennen's inte+- view or concerning the recent ordinance passed by the City Council, making it unlawful for the company to charge ex- tra for lawn sprinkling when the same Is used for domestic purposes, and further more prohibiting the company from cut ting off the supply if that tax was not paid.
 Alderman J. R. Graham, who is also secretary of the Birmingham Water oWSlSs Company, said that he did not care to say anything about the matter for publications; that 1t would take care of itself.
 The SprinkIlng Tax.
 Meanwhile the water company is going ahead collecting the lawn-sprinkling tax as serenely and apparently as uncon- cerned as If there had been no ordinances on the subject passed by the City Coun- ell. No one has made any legal kick" as yet, and the matter has not reached the courts.
 About week ago a proposition was made by MT. London as attorney for the Water Works Company submitting to ment of facts on which the question might be tried. This read as follows:
 The Proposed Agreement.
 "The sole object and purpose of the agreed suit is to determine whether the Birmingham Water Works Company, un- der it's contract, is entitled 10 charge by meter for water used for sprinkling pur- poses
 'In order to present this question fair ly and squarely the agreed state of facts should show that the consumer had used water which by meter measurement showed so many thousand gallons per month; that for the purposes of this case only so many thousand gallons was a fair amount for house of the size and char acter of the consumers. and agreed that the amount in excess of this last amount was the amount of water used for sprinl- ling purposes the Water Works Com pany to bring suit before a justice of the peace for the excess water at the con- tract rate and the case to be carried to the Supreme Court for final determina- tion.
 'Thc understanding and agreement be- ing that the admissions made by either party are only for the purpos ,s Of the case in question and are only for the purpose of ascertaining the right of the Water Works Company to charge for wa ter used for sprinkling purposes by meter measurement"
 Advises Against 1t.
 Mayor Drennen submitted this matter to City Attorney Ed Smith and the latter advised against it. Following is his let ter to the Mayor:
 Tn eference to the proposed agree ment submitted by MT. Alex London In the water works matter, I beg to advise you that I do not think the agreement covers the situation fully; and 1t is my opinion. if we want to settle the question as to whether sprinkling can be charged for. it would be best not to enter into such an agreement"
 This letter and the proposed agreement were both written prior to the last ordi- nance passed by council Wednesday night The matter. if it Is to get into the courts at all, will probably be tested by some individual who refuses to pay his sprinking tax. As the tax Is much small CT than the costs of a lawsuit it Is quite probable that the courts will never have a chance to pass on the matter.