The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-18
SUPREME COURT
WATER DECISION
City Attorney Writes Letter 10
the Mayor
EFFECT ON CONSUMERS
Recent Decision Is Thoroughly Elk.
pained-FIat Rate for Dwellings
Is Fixed BY the Number
of Rooms.
EFFECT ON CONSUMERS

City Attorney Edward d. Smith has
written letter to the mayor giving a
statement of the effect of the recent de-
eison of the supreme court of Alabama
In the case of tie city of Birmingham VS.,
the Birmingham Water Works company
with reference to consumers.
The letter of the City Attorney follows;
The water company formerly charged
consumers who paid the fiat rate on
dwellings money at meter rates for water
used in sprinkling lawns, flower gardens,
and what we call pleasure gardens, thai
is a combination of the two. These
charges the supreme court holds can
no longer be made, but that the money
paid at fiat rates for water for the dwell
ings includes these uses. The water COM
pany. however, has the right to charge
in addition to the fiat rate money at
meter rates for water used in sprnklng
vegetable gardens on the consumers
premises.
Flat Rate Fixed.
THE fiat rate for dwellings is fixed on
the number of rooms in the house. The
company in computing the number of
rooms In the house used to compute re-
oeption halls as rooms. especially wher-
ever those halls contained fire places and
stairways, where they were used for the
reception of guests and for passage by
tie consumers and their families. The
supreme court holds that these reception
halls cannot be computed as rooms any
more but intimates that IL these recep-
ton halls were used as living rooms they
might be computed as rooms.
ut had heretofore been held by the
supreme court that where building was
used as a store with people living over
it the water In the store part was to be
charged for at meter rates; while the
water in the upper part was to be
charged for at the fat rate. In this last
case the court reconsidered the matter
and came TO the conclusion that the meter
rate would apply to the whole of such
building and that the nat rate would
only apply to such buildings as are con-
sidered dwellings in common parlance.
"The court says that they did not think
that because single house Is divided
up into residence apartments and occu-
pied by different families or persons that
the water company would have right
to treat the separate room or apartment
as a distinct dwelling Therefore, 1t Is
undoubtedly true that the waterworks
company is charging In great many in
stances for two dwellings where 1t should
be charging for only one. But the court
saws, in effect. that the use or mouse
and circumstances surrounding the same
determine whether or not the water COM
house as more than one dwelling. As an
illustration. for instance. 1t is held that
the following facts entitle the water COM
pany to charge for a single mouse as TWO
or more dwellings. to-wit: Where two
or more families living therein, neither
lodging with the other, but each paving
rent to the landlord, or his agent where
the rooms occupied by each family are
separated by a partition from those oc-
clpIed by every other family, and where
there are no common halls, entrances
exits only the back and front yaros
being common 1t would seem, however.
that where the house is used In common
the extra charge cannot be made.
Persons who resided beyond the city
,;nite when the contract with the water
comnany was made, but who, were sub
seouently brought in by an extension OF
the corporate limits, are entitled TO the
fiat rates in proper cases.
Private Contracts.
"xvhere the water company has en-
+ered into private contracts with con-
sumers 10 furnish water at meter rates
for dwellings water closets and bath
tubs 1t is entirely competent Tor the
water company to collect the meter rates
so long as they are the same OF less
than the fate rates. But they nave no
right TO collect the meter rates II they
go above the nat ia1c9'
are as follows per annum;
.Dwellings of rooms or less ....'ss W
"Each additional room under Ill.,. iW
coach additional room over .....'.... 30
.swater closet for private family. o.oo
Traditional closet for sam family
or servants ......-.'.'.''. -. ~
path tubs for private family...-. 40
"The court holds that the CONTRACT gives
the water company the right to charge
each family for the use of water closet
where they use the same, whether they
use one used by another family or not.
"The court also holds that In estimating
tho number of rooms to find out now 10
rate dwelling the rooms or servants
houses within the courtlage OF the dwell
ling and forming a part of the group
should be included whether they contain
Warrants or not, saying that the charge
seeyns 10 be based upon the number OIL
ba bitable apartments in anticipating the
CONSUMPTION of water, and II certain
enartments are occupied, but have no
bydrants. the occupants will get water
from rooms that do contain hydrants.
IT hope this statement will make the
matter sufficiently clear to enable the
citizens TO see that there is a proper
reimbursement of rates.