The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-02-07
Condemns Action of City in
Raising Assessments on
Stocks of Merchants
WAN ITS CITY TO DEMAND
MORE REASONABLE RATES
Alleges That waterworks Company
Has Violated Its Contract and
Wants City TO Take Action
In the Matter.

Be 1t Resolved. That the action of the
city tax collector in raising assessments
in Birmingham on stocks of goods of
merchants be condemned.
Be II Further Resolved, That the city
has no right under the new constitution
of Alabama, to raise the assessment on
the stocks of merchants, and that COM
mittee of six be appointed to ascertain
and report in what cases mis- has been
and is being done, and to see the city au-
thorities in regard thereto with the view
of having the matter stopped.
The above resolution was adopted at a
meeting of the Board of Trade held yes
terday in the First National Bank build
ing.
The following were appointed on the
committee to carry out the resolution by
Acting Chairman J. d. Collins j. E.
Shelby, R. w Ewing, M. V. Joseph, Sol
Caheen, Colman Blaeh and r. NJ. Good
all. The committee will meet today at
$3.50 p. m, at the Board of Trade rooms,
and at 3 o'clock will go before the A.
nance committee of the City Council.
About Water Rates.
After a discussion of the water rates
charged in Birmingham the following res
olution was offered by J. E. Shelby and
adopted by the Board of Trade:
Whereas, Birmingham is paying
higher rate for water than other cities
similarly situated, and is paying virtually
three times as much as is charged in
Atlanta, Ga; and
Whereas, This question has been up
numbers of times for discussion, resulting
in nothing being done so far as cheaper
rates are concerned. though through the
influence of this board filtration plant
was established; and
Whereas One of the obstacles to getting
relief from the exorbitant rates charged
has been the existence of a contract be-
tween the city of Birmingham and the
Water Works company; and
Whereas. The Water Works company
has broken its contract, which fact has
been judicially ascertaned by the SUI
preme court of this state, which gives the
city the right to ahnul said contract;
and
Whereas, The city of Birmingham pass
ed resolution recently instructing the en-
forcement of the contract or the annul-
ment thereof, and
Whereas. 1t is for the best interests of
the city that said contract should be
amulet, as an obstacle in the road for
cheaper rates on water and an stablish-
ment of an independent water works;
Therefore, be 1t resolved, That we ear
nestly request the Mayor and aldermen
of Birmingham to do no act which in
law may be construed as waiver of their
present right to cancel said contract, and
that an earnest effort be made to secure
reasonable contract with said water
works company and that steps be taken
by the city to own and control its own
water works.
The resolution of the City Council re-
ferred to above is hereto attached and
made a part of these resolutions, and is as
follows:
Councils Resolution.
Be it resolved by the Mayor and alder
men of Birmingham, That the Mayor be
and Is hereby instructed to serve notice
on the Birmingham Water Works COM
pany that it Is violating. its franchise con-
tract with this city in the following par
ticulars, to-wit:
Said company has In violation of its
franchise contract, Installed meters In the
service pipes of the dwellings of con-
sumers of water in the city of Brming-
ham, which said consumers take boarders
In their said dwellings, and has charged
and collected from said consumers for
the reasonable use for the water of said
company for domestic use in their said
dwellings, water closets and bath tubs by
meter rate, amounts larger than those
permitted to be charged by the aforemen-
toned franchise contract; and the said
company has collected, and continued to
collect. said amounts in excess Of the
amount which said consumers would be
liable for Under the annual schedule of
rates for dwellings water closets and
bath tubs described by the said franchise
contract, and refuses to accept the SAID
annual schedule rates for the use of said
water.
Be 1t further resolved, That If the said
water works company shall not have com
piled with said franchise contract by the
fourth day of Nocember 1906 that the
said Mayor be, and is hereby instructed,
to take the proper legal steps to compel
the said compliance, or to enforce for
feiture of the rights and franchises and
annul the charter of the said company.
The above resolution was offered TO the
City Council by Alderman Cooper and
was adopted October IS, 1905.
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