The Birmingham age-herald., 1904-05-17
Acting Judge Ltadbeater Decides Against the Ci1 in the "
 B Foster Case
GIVES LENGTHY DECISION
 IN SUPPORT OF RULING
Case Cannot Be Taken to Supreme Court In Its Present Shape, But Win Be Brought In An
 other Court.

Attorney L. c. Leadbeater, acting as special judge of the police court, ap- pointed by Judge Samuel E. Greene to sit in the place of Judge N. B. Feagin, who was disqualified by reason of having an interest in the controversy, and ex- cused himself, has renedered a decision unfavorable to the municipal authorities in the case of the Mayor and Aldermen of Birmingham vs. W. B. Foster, cashier of the Birmingham Water Works com- pany.
 MT. Foster was arrested at the in- stance of Mayor Drennen several weeks ago for charging George Bodeker, spec ial officer of the police department the sum of sS for water supplied him for one year for use within his dwelling, and an additional sum for water used by him in sprinkling his lawn, it being con tended by the municipal authorities that this was in violation of an ordinance passed by the city council, prohibiting the company from making such charges for sprinkling. In rendering his decision Special Judge Leadheater said that he did not believe that any contract had been violated, and makes an order discharging the defendant
 Special Judges Decision.
 The decision of the special judge fol- lows:
 "The facts in this case are agreed upon George Bodeker, a citizen of Birming- ham, residing in a dwelling of three ot..4. .1.t Iax. at.I a vegetable and flower garden, was charged the sum of eight dollars by the Birmingham Water Works company for water supplied him for one year for use within the said dwelling and an addi- tional sum for water used by him in the sprinlxling of his lawn, and the watering of his flowers and vegetables. This ad- ditional charge Is admitted to be not in excess of the measured rates at which measured water is furnished. The defen- dant, Foster, acting as an officer of the Birmingham Water Works company, ex- acted the above charges from the said BodelSer, and was thereupon arrested fof having violated an ordinance of the city of Birmingham, which In terms imposed fine upon any officer, agent or em- ployee of the Birmingham Water Works company who knowingly, wilfully or in-
 
 ed of any consumer of water of said company higher domestic or measured rate than that allowed to be charged in an ordinance contract between the city and the water company. These are all the facts on which the case is submit ted, no evidence being introduced as to the construction which has been put up- on it by the parties to the contract. Contract parfIv Hi+.d That part of the contract between the city and the water company which pre- scribes rates at which water furnished to consumers is to be charged reads, Sec tion 12. Be it further ordained that from the first day of July, 1888. the domestic rates for water furnished under this con | tract to the citizens of Birmingham shall never exceed the following rates per an mum, viz:
 | Each additional room under ten. .. .0( | Each additional room over ten.. .a l Water closet for private family... 5.O( | Additional closet for same family of serVants.... .... .... 2. 6 1 Bath tubs for private family. ..... 0C " The company shall have the right to | charge for water by measurement al rates not exceeding the average rates named below Then follow the measured rates.
 "The contention of the city is that wat | CT supplied and used for lawn sprinkling | and like purposes must be charged only | according to the socalled domestic rates, l that the consumersin the present case having paid the snum of $S as for a three room house is not subject to any additional liability for the water used in sprinkling the lawn and flowers immedi- ately surrounding his dwelling. This view rests partly upon the theory that the lawn is included in the term dwell ling and partly upon that which I will first discuss, that is, that the first part of Section 12 is a full enumeration of all the charges that can be exacted where the water Is applied to domestic pur- poses. I cannot so construe the section It is a familiar rule of construction that general words followed by particular words are limited in their meaning by the latter, unless the intention appears to be otherwise. Applying this principle | to Section 12 I interpret 1t not as com- plete schedule necessarily of all charges