The Birmingham age-herald., 1904-09-04
CITY FILES ITS
 BILL IN EQUITY Attack Is Made on the Water
 works Company CHARGES ARE SET FORTH Mayor and Aldermen Contend Thai the Contract Has Been Violated. Suit Is Brought Under New
 Corporation Laws.
CHARGES ARE SET FORTH

City Attorney Edward D. Smith yester- day filed bill in equity in the City court of Birmingham, seenlng to compel the Birmingham Water Works company to live up to It's contract, provided the court holds there have been violations of the cotract with the city of Birmingham.
 The bill Is filed in accordance to the general corporation laws of the state of Alabama, adopted by the last legisla- ture. This law gives municipalities the right to bring test cases in the courtA in cases where corporations are charged with violating ,neir contracts or fran chises. The bill in equity filed by City Attorney Smith prays of the coart to order the water works company to de- sist from making overcharges for water l rent, charges for sprinkling lawns, and | other alleged violations of its contract l with the city, or to declare the said con- | tract null and Volu.
 City Attorney Smith has been at work on the bill for some time past. The 1 document filed yesterday covers a num- l Der of typewriter pages. Besides the prayer, which i5 quite lengthy, the con 1 tract now existing between the Birming- ham Water Works company and the city of Birmingham Is given, WitL ordinances pertaining thereto. The case IS brought before the courts in Euch manner as to avoid the examination of witnesses. The water works company v-hl probably hle l its demurrers, and after a decision IS rendered the case will be appealed to the sunreme court without delay. The mat fer will probably reach the supreme court in November.
 The prayer of the petition follows;
 .'Wherefore your orator prays that II may please your honor to direct the sum
 mons issue according to the practice or this honorable court, making the BIT mingham Water Works eoinpahS uei
 ant to the cause.
 And your orator further prays that upon the hearing of this cause the court shall decree that the Birmingham water Works company has failed, or refused to perform it's said contract in the parueu- lars above specified, either wilfully or by reason of lack of means so to do' ana that your honor shall enter a decree or dering said Birmingham Water Works company within a time to be named m said decree to comply with It's contract In the particulars wherein it is at fault Your orator further prays that within | the time fixed in the said decree IL pc
 made to appear to the said court that the | said decree has been compiled with, tne l court shall enter a decree dismissing the 1 proceedings upon the payment Of all cost 1 of this proceeding by the said Birming- 1 ham WaSer Works company.
 Your orator further prays that 1T It
 appears at the expiration of such time l that the said Birmingham water Works
 company has failed to comply with the
 order of the court. the court shall declare
 the franchise of the Birmingham Water | Works company forfeited and dissolve
 the corporation of the said Birmingham | Water W Crks company.
 ''And |. your orator Is mistaken In the
 relief herein prayed for, your orator 1 nravs for such other or further relief.
 or other and further relief as the nature
 of the case may require, and as your
 honor may seem meet. and as in duty
 bound your orator will ever pray etc"