The Birmingham age-herald., 1906-08-19
LEGISLATION AT THE
 SESSION THIS FALL
Mir. Smith Believes That It Will Solve Problems That Corporations Are Interested In at This
 Time.


 curing legislation at the next session of the law-makers. In discussing the ques- ton yesterday MT. Smith made the fol- lowing statement:
 "In reference to the publication in the Age-Herald this morning of an extract from the report of the engineers upon the preliminary survey of certain water sheos' with the idea of bringing water by gravity to Birmingham for industrial and other purposes, 1t seems to me that their re- port solves the question of the future of the Birmingham district. Birmingham growth, 1t has been said, is only to be limited by the amount of cheap water | which can be obtained for industrial pur- noses This report shows that within thir- tv miles 1OO.OO0OOO gallons daily can be supplied by gravity to the Birmingham district, and with a comparatively short extension of the canal this amount can he increased to 5OO,O0O,OO0 gallons daily.
 "rhe report further shows that this only takes into consideration the Locust fork of the Warrior river and that the Mulberry fork might, if necessary, stlil be tapped for its supply. But the bring ing to Birmingham of 50O'00O0OO gallons daily by gravity is as far as this gener- ation or probably the next, need consid- CT. The future of Birmingham is assured. It is capable of indefinite growth
 Give City Power.
 "In my judgment, the most feasible plan for bringing this water into Birmingham is for the city to be given power to ac- ouire all of the rights and territory neces-
 
 nounding basins, this property to be ac- uuired either by purchase or condemna- tion, the city to be given power to cor struct all of the necessary works ana maintain them, and to have full ponce mower and authority over them. And for the purpose of obtaining the money neces- sarv to this enterprise to be allowed to issue bonds which shall be a first mort gage upon all the property, and to charge all consumers, industrial and domestic 1 reasonable rate for water used in order 1 to nay the interest and maintenance l charges and to establish sinking luna for the payment of the principal.
 .eThe power to furnish water to consum- ers should not be limited to the city linn it's. but should be given generally, so that the great furnace companies of Ems lev. Bessemer Thomas and the surround l ing district, together with all of the prl- vate consumers in that territory, may be supplied with this cheap and abundant J water.
 Not County Proposition.
 q do not believe that this is county proposition. The county is already bond ed almost up to it's limit, and there might i be some question as to whether or not this was such an enterprise as the county can handle. The constitutional limit as to indebtedness for the city does not apply to water works sewers and schools. Therefore if the citizens shall vote for the bond issue and the bonds can be sold at par which is requisite, bonds can be issued in an indefinite amount for thls purpose. believe the bonds can be sold' 1 because I believe the cost of the enter prise will be reasonable, and l believe that the great companies operating in tho Birmingham district will be willing to un- derwrite a large amount, if not all, or the bonds, and the mortgage on the prop ertv- together with the right to charge a reasonable water rate would secure the ! owners or the DOnuS So iiitii OfSh 'tA S.-S open market they might be sold.
 .srhis would not only solve the indus trial situation, but would operate as solution of our troubles as to domestic i water There are many complaints that the charges. now in force are unreasona- hle If the city owned a system which brouoht one hundred million gallons of ,yater or more daily into its confines or near thereto it could for a comparatively small price establish filter plants, begin to construct mains for it's own use and for that of its citizens. This would result l in a lowering of the prices of the present company or in the service by the city or all the municipal and private needs or the oi.,, of Birmingham and the surrounding towns.
 Great for Birmingham.
 Altogether, I think this report con tains the greatest information that has been gained for the good of Birmingham during my time. It might be objected that it would be difficult to obtain legis- lation necessary to accomplish the above needs. en account of the fact that muni- cipal charters cannot now be amended by local legislation, except as to extension Of corporate limits and that general legisla- ton is difficult to obtain. To this l would reply that the supreme court. in the case of Griffin vs. Drennen has held that an act is valid which applies to cities of over 35, 900 in population. This really amounts to local legislation, in that only Mobile and Birmingham are affected. A represen- tative of the city of Mobile has already been to Birmingham investigating condi- lions as to certain municipal legislation. and I do not think Mobile will object to joining us on proposition like this since it would not unfavorably affect their own local conditions, and I further believe that the legislature would pass an act at the request of the representatives from Mo bile and Jefferson counties. when the act plainly on its face could only apply to the two cities"