The Birmingham age-herald., 1905-06-22
Declares Company Has Violated Terms of It's Contract
 With the GiB
T'-GRAFT' ORDINANCE
 ADOPTED BY CITY COUNCIL
Mayor Ward Authorized to Sign Con- tract for Paving Twenty-first Street Bridge With creosoted
 Wooden Blocks

A resolution was introduced at the regu- lar semi-monthly meeting of the City Council last night declaring that the Bir- mingham Water Works company has vio- lated its contract with the city of Bir- mingham, and seeking to rescind the franchise. The resoltion was introduced by Alderman Walter Moore of the Fourth ward and without discussion 1t was refer red to the Judiciary and the fire and water service committees of the City Council for investigation and report later.
 The meeting last night lasted two hours and was full of interest. An "antl-graft ordinance was introduced by the judiciary committee and adopted after much dls- cussion. Two ordinances of this character were introduced, one by the Judiciary committee, and the other by Alderman $. II. Cooper, but the City Council by de- cisive vote concurred in the report of the Judiciary committee, rejecting the substitute.
 Mayor Ward, Alderman Greener, Wheeler, ONeill Klotz, Barbour, Cope land, D. R., Moore, Copeland, J. R. Cooper, Gum, Forney, Fulghum, Heidt, Parker, Jones and Stockmaf were the members present.
 The resignation of Dr. Charles Whelan as city physician was read and accepted. Dr. Whelan resigns for the purpose of devoting all of his ume to his private practice. A successor will be elected at the next meeting of the council
 The report of the Mayor showed that since the last meeting of the council five fines imposed in the police court has been remitted.
 Improvement ordinances No. 26S and 26s were confirmed and assessment were as- certained on ordinance No. 146
 Twenty-first Street Viaduct.
 The Mayor was authorized to execute a contract with the Nashville Roofing and Paving company to pave the Twenty-frst street viaduct, the improvement to cost S16,500. Creosoted wooden blocks, laid on a superstructure of concrete are to be used in paving the bridge and the work will probably be commenced immediate ly. The city i5 to pay 5000 cash ana the balance in one, two and three year pay ments at the legal rate of interest.
 The meter ordinance, which provides that all persons reading water gas or elec- tric meters shall furnish the consumer with a statement as to the reading for the meter for the ensuing and the previous month was adopted. A penalty of fine from s1o to $10O with an Imprisonment is fixed for the violation of the ordinance
 Just as Chairman Fughum offered the report of the judiciary committee on the anti graft ordinance Mayor Ward called Alderman Moore to the chair, and the Mayor assumed a seat at the desk Of the alderman from the Fourth ward. When the Mayor asked Alderman Moore to as sume the chair several of the aldermen smiled. It was Alderman Moore who pro- posed at the last meeting that the anti graft ordinance be referred back to the judiciary committee.
 Alderman Fulghum then handed the city clerk the following ordinance to be read;
 Anti-Graft Ordinance.
 Section 1. Be it ordained by the Mayor and Aldermen of Birmingham, That it shall be unlawful for the Mayor any Al- derman, member of police commissions Board of Education, police or fire depart ment, head of department, deputy or clerk in any department, or other officer or the city of Birmingham, or for any hrm or which any such person is member, or for any corporation of which any such person is a majority stockholder director or officer, to be or become interested, di- rectly or indirectly, either as principal or agent, in the procuring or performance of any express or implied contract or of any work or business, or in the sale Of any article, the expense, price, compensation' value or consideration of which is payable from the city treasury, or is or shall be a debt or liability of the Mayor and A. dermen of Birmingham, except by com petitive bidding; provided, however that this in no way effects the daily purchases of the city auditor.
 Sec. 2 Be it further ordained, That every contract express or implies, hereaf- ter made in violation of any of the pro- visions of or contained in this ordinance shall be and is hereby declared to be absolutely void and of no effect.
 Sec. 3. Be 1t further ordained, That any person soliciting, procuring, entering Into, participating in or performing any ex- press or implied contract or any work or business or the sale of any article