The Birmingham age-herald., 1907-09-26

and he made an attempt to do so. 1 also requested this of Senator Miller ! and he informed me that he had put 1 in a request to this end. 1 know that i on one of the reports of the rules com- i mittee the bill was recommended as a l special order. but whether this recom- mendation was adopted by the senate | 1 do not know.
 l saw that it would be doubtful if the i bill could be passed if it was left in l this condition. so I requested Senator 1 OVerton again to see if it was possible on the local call to get the bill called l up by unanimous consent. He made ! an attempt one day while I was there to get this done, but the senator from i DeKalb and the senatom from Mont gomery were objecting to any general | measures being called up at the time At this time I was taken with ma larial chills and fever and had to leave Montgomery it being then the next to the last day of the legislature. Sena- tor Overton informed me after the leg islature adjourned that he made two other attempts to call the bill but that the same had been objected to, once by the senator from Montgomery and once by the senator from Jefferson.
 The bill was not reached on the cal endar. and consequently was not passed Therefore, the legislation which, in my judgment, was best, suited to the i'm mediate needs of this community, failed
 It will be necessary. therefore, for us to fall back on the general municipal code for our powers in this respect. This code does not give us the power to condemn the property of the Bir- mingham Water Works company, but does give the city power to build and operate plant and to acquire and hold property outside the city for this pur- pose. It also gives the city power to condemn property outside the city limits for rights of way.
 o. Held at $5,ooo,ooo.
 Under all the circumstances, in my judgment, it is inexpedient to wait fof the power to condemn the plant of the Birmingham Water Works company to be given at some future date by the legislature. l understand that this com pany is issuing securities now which will make it's total of securities five million dollars. If it is necessary for the future of this district to build an- other plant, as we believe to be the case, why should we contemplate the purchase or condemnation of their plant. which they must hold at some- thing like five million dollars, if the information l have is correct, when, for a much less sum, accoiulHS to lie report which we have received from Professor Kay, it will be possible to get as pure or purer water, in much more abundance for the suplpy of this district? We will not b> able, under the present law. to supply to consum- CTS outside of the city of Birmingham, but we are probably going 10 have Greater Birmingham, which will en- large the territory, and I am sure that we can obtain this power from the leg islature before the plant could be built and put in operation.
 It seems to me, if the report which we have received from Professor Kay is correct, that it is entirely feasible for us to put in a plant in competition with the old plant, and to supply the domestic and industrial consumers cheaper than the old plant Is now supplying them, since the plant will not be run for gain, but will be run merely for the payment of the interest and the establishment of a sinking fund to pay off the bonds.
 l recommend that this committee re- ouest tho City Council to hold an cleo ton for the purpose of the people of the city voting upon and determining the question as to whether or not such a plant shall be constructed. en- close a resolution which the commit tee can pass if 1t agrees with me. Yours very truly, F. D- omIlh'
 President Municipal Ownership League
 of Pirmin gham.