The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-13
WATER COMPANY IS
MAKING A FIGHT
Would Prevent City from Own
ing the Plant
ASK FOR AN INJUNCTION
Does Not Want City of Selma to Build
an independent Plant of Its Own,
Objects to Appraisers.
Other Items.
ASK FOR AN INJUNCTION

Selma, February 2.-(Speclal. THE Sell
ma Water company is moving fast and
furious in its fight to prevent the city
from becoming the owner Of its own wa
ter works plant. When the offer made
by the city to purchase the plant at
prices less than the company wanted
was refused by the company the fight
begun Its end does not appear, The city
was the aggressor for some time in the
contest, but Of late the water company
has been fighting back and hitting hard
lielIs at that.
The latest move was made a few days
ago and become known late yesterday
afternoon, when deputy United States
marshal served notice on the city that
a hearing on a bill filed by the water
company would be held on March 20
By Judge Toulmn, and the city was COM
manded to appear and show cause why
a preliminary injunction should not be
granted to the water company restrain
ing the city from doing the things set
out in the bill
The bill is Il lengthy document, about
so pages of typewriter matter being re-
quired to set forth its purposes and pray
ers. 1t was filed in the United States court
city of Selma shall not violate the obi
cations of the contract between the wa
ter company and the city and in effect
destroy the company's properqty without
due process of law. in violation Of the
constitution of the United States.
Ask for Injunction.
There are number of things prayed
for in the bill but the principal matters
for which a preliminary injunction is
asked to be made by the judge are as
follows:
The city is asked to be enjoined from
building any water works plant during
the life of the contract with the water
company, which expires July 1, 1915. The
water company claims it has no objee-
ton to the city purchasing the present
plant at the appraised value to be made
under the contract, but the city has is
sued bonds to buy or build" a plant
and the water company claims it has the
exclusive right to conduct a water work
in Selma until the contract expires in
1915.
The city is asked to be enjoined from
the making of repeated tests of the abil-
ity of the water company to carry out
Its contract, it being claimed that the
tests are made only for the purpose of
harassment and that they are not made
In compliance with the contract. The wa
ter company claims that they and not
the city are to make the tests and that
they have never been called upon to make
any tests, the city on its own account
going out and making the so-called tests
and then assessing fine at it's will.
The city is asked to be enjoined from
requiring prohlbitive license, such as has
been assessed $4,000. the water company
claiming that the amount is all out of
proportion with other businesses and that
it is not made for the purpose of raising
revenue, but for hurting the property.
Objects to Appraisers.
The city is asked to be enjoined from
naming n. w. Nicol as its appraiser in
the matter of arriving at the value of
the water companys plant. it being set
out that Mr.. Nicol was employed by the
city to make a physical examination of
the plant and give his views of its value
and that he is therefore disqualified and
Incompetent to act.
There are a number of minor things
which the city is asked to be prohibited
from doing and the hearing will be await
ed with no little interest There is no in
junction pending at this time. the hear
ing on March 20 being for the purpose
of the judge determining whether or not
a preliminary injunction shall be granted
pending the looking into the whole facts
of the case, when a permanent injunction
would be granted or the preliminary in
junction dissolved.
1t is the citys move again. The Water
company, however. doesn't seem to wait
for the city to move. but has been push
ing the fight fast and furious during the
past ten days The city's time will come
soon. and the developments are anxiously
awaited. 1t is a legal battle royal be-
| yond a doubt, but in the end the people
wish for the ownership of the water works