The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-12

8 Cyc. 5S4. Applying this rule of law to
the contract, it is evident that the rate
to be charged for water used by occu-
pants of dwellings, outside of water
closets and bath tubs, was based upon
the number of rooms in the dwelling,
without reference to the premises upon
which the dwellings, were located
Not BY Implication.
Nor can It be said that lawns, flower
gardens and pleasure gardens are en-
braced within the terms of the contract
NV implication Where parties have en-
tered into written engagements with ex-
nress stipulations, these cannot be chang
ed by implication. The presumption Is
that. having expressed some, they nave
EXPRESSED all the conditions by whlcn they
intend to be bound. Construction Is the
building up with given elements, not the
forcing of eXtraneous matter into the
text EIec. Lighting company of MoDie
VS.. Elder Brother, ia Ala, 14S-9 Black
man VS.. Bowling, GO Ala, oo6; Beach on
Contracts. paragraph no. Stettauer vs.
Hamlin, 81 ILL.,, 3l2. The contract express
ing the rates to be charged for dwellings,
according to the number of rooms, lts
terms cannot be so changed or broadened
as to make it obligatory upon the water
company to furnish, for the same price,
water for sprnkHng lawns, flower gardens
and pleasure gardens. This was not one
of the expressed terms or conditions of
the contract and, to exclude it in the
contract would be forcing extraneous
matter into the text, which, il permitted,
would destroy uniformity OF rates ana
cause unjust discrimination.
In continuing the contract now under
consideration in the case of Smith VS.. BIZ
mingham Water Works company, lo4 Ala
T1,1
means that the company should charge
for all water furnished to the Inhabitants
of Birmingham end for manufacturing
purposes by measurement in all cases, eX-
cept where special provision was other
wise made The only cases in which wa
ter furnished to the inhabitants is not
to be charged for by measurement, or spe-
Gifted in the first part of section H. supra
and includes only dwellings, and then for
water closets and bath tubs for private
families" Water used for sprinkling
lawns flower gardens and pleasure gar
dens not being embraced in the special
provision above referred to, the respond
ent has the right to charge for water so
used at meter rate.
There being no division of the court on
the other questions presented by the re-
cord, a consideration of them is unnec-
essary.
The judgment heretofore reHuereu III 'iii9
court overrulng the demurrer to specifi-
cations B, and d of the bill is set aside
and the decree of the city court sustain
ing the demurrer is affirmed.
Money for Interest.
The state treasurer has drawn his war
rant for s222, 075 for the interest on the
state debt, which is largely sent to the
fiscal agents of the state in New York to
meet the payments of the sem-annual de-
mand of this feature BY reason of the
recent sale of bonds, and the sale of those
due the first of January, the interest
charges of the state will be reduced in the
neighborhood of 100000 a year.
The Guarantee Investment company of
Atlanta, Ca, has filed notice of entry for
business into Alabama, naming ii. s.
Miles as agent at Montgomery, and I. w.
Curry at Mobile The company has a
capital OF $4,000.
]. d. Lamar and several others have
incorporated the Fort Deposit Canning
company at Fort Deposit, with capital
of $4,000. 1t is proposed to be ready for
the fall crops and to preserve and can the
fruits and vegetables of the territory.
That part of the state is making great
progress In fruit and vegetable raising
and with many advantages in freight
rates and accommodation by the Louis
VILE and Nashville railroad, the farmers
are getting their products to market
quickly and cheaply.
1t is now anticipated that the report of
the state auditor for the year ending
September 30. last, will be printed and
delivered about the middle of June. The