The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-04-08
TESTING THE LAWN
SPR|NKL|NG CHARGE
The WaterWorks Cashier PIac-
ed Under Arrest
LONG CONTESTED POINT
Mayor Drennen Acts In Accordance
With Resolution Adopted BY City
Council Wednesday Night.
The Mayors Statement.
LONG CONTESTED POIN 7

The action of the Birmingham water
works company in charging certain CON
sumers extra for water used in sprink-
ling lawns Is to be finally tested in the
courts. At least that is the way the
matter looks now. w b. Foster, cashier
Of the waterworks company was placed
under arrest yesterday on the charge of
violating a city ordinance It will be re-
called that there has beei a contested
point between the mayor and alderman
and the waterworks concern for
a long times and the municipal
authorities claim that they have
been unable up to this time to
bring the matter into the courts.
At the regular meeting of the city
coucil Wednesday night resolution was
offered by Alderman Henry b. Gray
which was adopted, declaring it to be
illegal for any official or employee of the
waterworks company to make charge
for water by consumers in sprinkling
lawns.
The Resolution.
This resolution follows:
BE 1t resolved by the mayor and al
dermen of Birmingham, that the score
tary or bookkeeper of the Birmingham
Waterworks company or any other one
connected with the waterworks COM
pany be guilty of violation Of the ordi-
nauces of this city whenever they shall
collect or attempt to collect for sprink-
ling lawns within the city limits, and be
1t further resolved that any person guilty
/ Of collecting or attempting to collect
such fee shall be guilty of violation of
the ordinance of this city, and shall be
fined not less than one dollar nor more
than one hundred dollars.
Mayor lnstruct's Mr.. Mecartin.
The mayor was instructed to take up
the matter. and early yesterday morning
he called Street Commissioner John Nc
Cartin into his private office at the city
hail. and after a short conference in
structed him to proceed to the water
works company office and offer to pay
his water rent According to the mayor
the company wanted to charge the COM
missioner extra for water consumed for
sprnkling his lawn.
A few questions was asked by the COM
missioner and the mayor says that the
officials at the waterworks office "smelt
mousse" and told him that he would
less he so desired.
| Mr.. McCartln then left the office and
returned to the city hall where he re.
ported to the mayor. Detective George
Bodeker was then summoned from the
police department and he was sent On
the same mission. When the officer went
| to pay his water rent, there was charge
made for lawn sprinkling, which amount
he paid. w. B. Foster, cashier of the
company, was then put under bond to ap-
pear in the inferior criminal court on the
charge of violating the city ordinance.
Police Detailed.
| Mayor Bremen then decided to have
policeman placed at tho waterworks
office on First avenue to make an ar
rest in each instance where the charge
was made. officer j. ID. Todd was sent
there and remained on duty for several
hours.
Early yesterday afternoon, Superinten-
dent d. ]. O'Connell Of the waterworks
company called up the mayor over the
telephone, according to Mr.. Drennen, and
asked II he was responsible for the Of
ficer being placed on duty at the office.
The mayor replied in the affirmative and
the superintendent then told him that the
officers presence proved an inconven-
fence to the office force. and Mayor Dren-
men says that he told him IL the officer
was removed that no further charge OF
water for domestic sprinklng purposes
will be charged. This was agreed to and
officer Todd was relieved at o'clock.
Mayor Drennen's Statement.
This matter was up for a long time
said Mayor Drennen yesterday and the
city council is quite anxious for a test
case to be made of 1t. 1 told Superinten-
dent O'Connell over the telephone this
afternoon that over a year ago this mat
ter was taken up by the city attorney
and the attorneys for the waterworks
company and for the city could not reach
an agreement however as to the mode
Of prodecure and no case was made.
1.-THE case we have now will be tried
in the inferior criminal court within the
next few days. I was anxious to have
1t heard Immediately"
NAMES REPUBLICAN COMMITTEE.