The Birmingham age-herald., 1906-03-31
POWELL IF BUTLER WILL HEAR CASE Is Special Justice in the Water
 works Matter MUCH INTEREST IN CASE  The Capitol Commission Will Meet at the Office of the Governor This
 Morning at 10
 o'clock.
MUCH INTEREST IN CASE

Montgomery, March 3o.-tSpeclaA)-Ihe governor has appointed Dempsey M. Powell of Greenvllle, a special judge to sit in the case of the city of Blrming- ham vs the Birmingham Water Works company, application for rehearing, upon which the court Is divided, Three of the justices are on one side and three on the other. Because he paid his water rent under protest at his home In Birmingham, Chief Justice Weakley Is disqualified. MT. Powell will come up from his home at Greenville at once and take up the study of the case in order that 1t may be got ten out as quickly as possible.
 The supreme court justice pro tenn is we'll known in all parts of the state as a good lawyer and a fine fellow. His appointment has been received about the capitol with a great deal of pleasure and 1t is generally conceded that his de- cisions will be received with confidence in all parts of the state. He was mem Der of the last state senate and has had some of the most important eases yet decided by the supreme court. He has practiced long before the tribunal which he will grace for a few days and is well informed on usages and rules to be ob- served
 Interest In Case Intense.
 The interest in this case is intense and the decision that will be reached will be far reaching importance in the city of Birmingham especially, and the cities of the state with water works systems op- erated by private persons generally. There are some forty cases in one stage or an other of litigation In Jefferson which will practically be decided by the hnal ruling in this contention. It has been de- cided by the court part one way ana part another That Is to say some judges have ruled that certain paragraphs of the contract between the water works and the city are kept ana certain oth- CTS are not. The result has been that one iudge would hold for one paragraph and another against it, so that it is hard 10 tell just what the situation is when one gets out of the territory of the law and rulings
 The question of right to charge meter rent is involved also that Of the author itv of the water company to exact addi- tfonal fees on flat rate customers for the use of sprinking hose. The cause, in fact, has most everything to do with the water supply in the city of Birmingham and the end will see a number of changes in the way charges now made and the rights given both the company and the citizens. One of the judges said: Tt IS very important that the case be given the fullest investigation and the ultimate de- cision be one in which everybody will have the widest confidence, as there are many others depending upon it.
 New Capitol.
 The new capitol commission will have a meeting in the office of the governor tomorrow at 10 a. m. at which time it is row hoped there may be arrangements made to let the contract for the new south wing in a short time. Architect Frank Lockwood has beer busy for two we eks revising his original plans to meet the suggestions made by MT. McI<im, the New York architect. though MT Lock woods original plans were for two-story additions. the same as now advised with a few minor changes in detail. The idea in the two-story plan is to maintain the identity of the old building, which Is desired by most of the people of the state.
 Blackmon's Visit.
 Among the visitors to the capitol today was Fred Backmon of Anniston, mem- ber of the state senate, and candidate for return to the same honor. His op- ponent is D. C. Cooper a well known banker and cotton oil man at Oxford. Somewhat of a fight is being made on MT. Blackmon by the Conner people, who allege that he has not been in line with the interests of the anti-railroad people, However the records show that he voted for the elective railroad bill, one of the tests of fealty, in the last session. Mir Blackmon believes that he will be re- elected by the people of Calhoun county, who have always been his friends,
 Capitol Notes.
 The Alabama railroad commission will meet for the next meeting April 10. On April +. the commission will begin in bcdy, an inspection of the lines of the Southern railway.
 In the filing of the certificate of in- corporation of the Alabama Portland Ce- ment company. organized in England. it Is shown that the fees were in all $l400 for the first costs. In Alabama they N ould have been for the same capitall- zation S5Oo.
 State Superintendent of Education I. W. Hill will go to Selma to be at the Dallas County institute tomorrow
 A summer normal college is to be es- tabShed at Falrnope, hiuer lue nldHdBe- ment of Mrs. Lydia J. Comings, teacher and philanthropist.
 A certificate of the incorporation of the Gordon Lumber company of Scranton, Pa. has been filed with the secretary of state. G J. Trexler of Gordon is the Alabama agent
 The Kipling Brick company has been Incorporated at Thomaston, with capital oi 5000 J. O. Clancy is president.
 The Kipling Bricg company has been incorporated at Mobile, with capital of