The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
IC|TY WINNER IN
IT'S SUIT AGAINST
| THE WATERWORKS
Frank Nelson Demands Some
thing Be lone Immediate
ly to Get Protection
WANTS COMPANY To 60
! AHEAD WITH lis PLANT
Says Unless Something Is Done He
Proposes to Call a Mass Meeting
to Present Case to
Citizens.

Just at the time when public sentiment
is boiling up among the unprotected resi-
dents on Red mountain, comes a decision
in the chancery court in favor of the city
of Birmingham against the Birmingham
Water Works company, which requires
them within reasonable time to furnish
all the residents of Birmingham with adj
equate water.
1t is at time when the people, grow
ing restless under repeated nre losses, and
the destruction of magnificent homes, are
about to unite for action. Frank Mel
son. Jr, who owns a fine home on the
side of the mountain, said last night that
unless he has some immediate assurance
of relief he will call mass meeting and
begin an agitation which will amount TO
something
When Chancellor Benners rendered his
decree the company gave notice OF ap-
peal, and the matter will go up to the SUI
preme court Immediately. The case was
handled by former City Attorney E. D.
Smith, upon whose advice the suit was
filed about year ago. The Water works
company claimed that under its contract
it only had to furnish water within the
old city limits, but it seems that the con-
tract called for an adequate supply OF
pure and wholesome water to the city OF
Birmingham, Under a law which requires
that when any public utility has DUTY
to perform and fails to do it, the court
may take the matter up and force them
to do 1t within a reasonable time or give
up their franchise. Mr.. Smith filed the
argument and received an affirmative de-
cision, not only forcing the company TO
nut in the system. but to charge fiat in
stead of meter rates.
But in order to prevent delay the city
entered into an agreement with the COM
pany by which the tank and pumping
station should be erected Immediately
with the understa nding that both city
and company would abide by the decision.
A franchise for the extension was passed
to become operative in case the company
won, and the erection of the plant was to
proceed. However, complaint of residents
around the proposed site held it up, and
the matter has slept several months. The
reasonable time. under the extension, Will
end April 1, but in the meantime citizens
of Birmingham demand immediate ac-
tion.
Said President Frank Nelson of the
Chamber of Commerce.:
Il consider this very serious PROPOSE
ton. great section of the Highlands
is absolutely at the mercy of the flames,
while the insurance companies are likely
at any time to withdraw their rates or in
crease them.
1.-The individual has little recourse ex-
cept to his mayor and Board of Alder
men. I have written to both, as well as
the water Works company, and unless
we get some satisfaction Immediately l
intend calling a mass meeting and start
ing a campaign which will get results.
In my own house have not even enough
water for domestic purposes on the Sec
! ond floor. I think the water company
should go ahead with its plant on TWEEN
ty-sixth street, and stand the danger OF
its becoming a nuisance, as they well
know It will be rather an ornament
recognize that 1t is impracticable to put
the station on the other side Of the noun
tain over those lodges of ore which must
be taken out but the company and the
city must get together right away and
| LET us have some satisfaction"