The age-herald., 1902-04-27

MM HE water question has at last reached the courts A bill was
 filed in the City Court yesterday by MT. John G. Moore, an attorney, in which he asks that the Birmingham Wa ter Works Company be required to show cause why it's charter shoud not be revoked on the ground of misuse and abuse of it's franchises in furnishing in- pure water to the city of Birmingham and it's citizens.
 The bill is titled, ex parte, The State Of Alabama on the Relation of John G. Moore vs the Birmingham Water Works Company. It alleges:
 That petitioner is citizen of Birming- ham and that the defendant Is an organ ization acting as a corporation, and claiming to be chartered under the laws of the state of Alabama, with its prin- cipal place of business in Birmingham.
 That it claims to have the franchise for and is engaged in the business of fur nishing water through its system of wa ter works in said city to the municipality of Birmingham and the citizens thereof for domestic pumps, uses and occupies the streets and avenues of said city for the purpose of conveying water to the citizens thereof, and the consumers Of said water.
 DUTY IS TO SUPPLY
 GOOD AND PURE WATER.
 That 1t is the clear and imperative duty of said Birmingham Water Works Com- pany, by and under It's said charter, and expressly declared by it's said charter to be its duty, exercising such franchise, to furnish the city of Birmingham and to the citizens thereof at all times an ample supply of good and pure water, for domestic and other uses and this duty was the principal object and pur- pose of its alleged corporate existence; and for such service and supply of water | said Birmingham Water Works Company claims to be authorized to charge cer- tain rates to the municipality and the citizens of said city of Birmingham. Petitioner further states that notwith- standing the clear and obvious duty Of said Birmingham Water Works Company undertaking to exeroise and exercising said corporate franchise as aforesaid, as
 
 domestic and other uses to said muniod- pality and the citizens thereof. yet in fragrant and open violation of said duties and wi11ful misuse and abuse of the oor- porate franchise exercised by said Bir- mingham Water Works Company, 1t, the said Birmingham Water Works Com pany, does now and has for towit, three years past, persistently refused and failed to perform said corporate duty of fur nishing to said municipality and tho citi- zens of Birmingham for any purpose good and pure water; and the said Bir- mingham Water Works Company has and still does misuse and abuse as aforesaid the franchise granted to 1t as aforesaid for at least the period aforesaid, though frequently admonished of such failure and derenotion of It's duty and after re- peaaed requests to obey and observe its corporate duties to said municipality and the citizens thereof.
 Petitioner further shows that by reason of the use and exercise of the franchise aforesaid by said Birmingham Water Works Company and its contract with the sald city of Birmingham as to fur nishing good and pure water to the said oity and the citizens thereof, said city and It's citizens are now almost, if not wholly and entirely, dependent upon said Birmingham Water Works Company for their supply of water for domestic and other vses.
 HEALTH OF CITY
 IS IMPAIRED.
 That by reason of said Birmingham