The Birmingham age-herald., 1912-09-08

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 Paris, September 7.-(special)-People at the Ritz, the day before Madame Nordica sailed for New York, were surprised when she entered looking so much younger and thinner that they scarcely knew her. When a New York American correspondent commented on her appearance she seid:
 T may not have found the fountain ot eternal youth, but have discovered some thing pretty close to it--how to get thin, for fatness is not only the enemy of youth, but beauty as we'll.
 I've lost twenty pounds by treat ment which I have devised, which Is so lazy and comfortable that 1t seems ah surd. I don't diet nor do I exercise, nor deprive myself of anything. It is the easiest thing imaginable. Now, don't ask me to explain what it is. l will later or. I feel most fit.
 
 festival at Portland, the first week In October I am anticipating much pleas ure singing with Schumann-Heink again. We will appear together as Isolde and Brangaen in Boston with Weingarten con- ducting.
 
 in the opinion of the eminent concealed lawyer. It was delivered February 12, 1912, and acting upon 1t Judge Lane in troduced the ordinance regulating and reducing the water company's rates, which ordinance was passed by a unan- imous vote of the board of commission CTS.
 When the people next Monday vote against the proposed new contract, q similar ordinance will be introduced for passage and doubtless passed, aud the waterworks company will have the opportunity to test In the courts the citys right to regulate it's rates by ordinance independently of any con tract or contracts heretofore made.
 "Question two needs no answer. It was a mere academic question 10 begin with. No one has even contended that the proposed new contract extended the term or duration of any of the existing contracts. The Lord knows, they are long enough as they are, as the shortest one has nine years and the longest one 27 years still to run
 Hardly Deserves Notice
 "Question three and it's answer hard ly deserve notice. While the proposed new contract does not throw any ad- ditional legal obstacle in the way of ownership, if ratlfie1 it as blocks the progress of the ownership movement as though it expressly prohibited munic- ipal ownership. For. if the people by their votes should sustain the new con- tract, their action would be equivalent to a command to the commissioners and all other agitators of municipal ownership that the rates as we'll as the relations between the company and the city as fixed by the new contract are satisfactory to the people and that the issue of municipal ownership must be deferred until at least the termina- ton of the shortest lived contract. The prohibition against municipal owner ship. while not legal one, would be 3 moral prohibition and a business 
 ''uestion four and the answer thereto were intended to bring to the notice of all the suburban towns the menace of The fat rate system in those towns. In other words, the argument involved in questi>r and answer is that if the Kelly ca ' decided by the supreme court in Noven Der, 1911. shall be obeyed by the con- pany. the consumers of water not only i.i Graymont but in all other suburban towns will be taken off the meter sys- tenn, under which most of them, 1t is pay the minimum rate, or at least, less than they would pay under the flat rates.
 Under the Kelly case as staied. con suners have the right to use 1000 gal Ions daily for which they snail be charged the fiat rates. This decision of our supreme court has been in force and has been command to the water works company since November, 1911, a period of nine months. So far as known tn ay have not applied 1t to any consumer m Graymont, or elsewhere. except MT. Kelly. If the Kelly case applies to Ems ley and other suburban towns in Bir- ningham, as the eminent concealed lawyers of the water works company why has the company disobeyed the commands of the supreme court for nine months and, in violation of it's con- -racts, forced consumers in these towns 10 continue on the meter rates?
 '1s 1t not because they make more money ,ut of the meter rates than they would 'n the fiat rate basis? Or Is 1t because he company does not believe the Kelly 'ase applies to anybody but Kelly? Or is t because they have faith in their con- ability to "get around the Kelly case by some hook or crook? Or IS t because they are determined never to ose the money they would lose. nor to en- lure the burden if required of furnishing 65, 900 gallons of water yearly to the 100000 inhabitants of Birmingham on lat rates? Is 1t not clear that the Kelly 'ase is more of a menace to the com- 'any than 1t is to the suburban consumer. lnd that this fact Is what made the vaterworks company so earnestly en- leavor to shield itself by inserting 8 pro- 'ision In the new contract effectually re- 'alling this supreme court lewiston?
 "The people of Ensley and other towns may rest assured they will not be hurt by this Kelly case.
 Other Questions Suggested
 ''The Ensley club failad to propound two 'ther questions which should have been though not to be answered y tho eminent lawyer whose identity re- mains in conoealment. They are as fol- OWE, namely:
 "Quoation Skin tiso event of tho rat- flcation of tho contract by tho people on Monday, September Q, will all breaches If existing contracts heretofore commit. od by tho company, be healed, and will Ill other grounds and enussa for eanooll- ng the contracts he eondonedy 'Question eeven-Doea net section 10 of he rrouosed ueu eoBtrnef naffJa fopax,ar