The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-08-14

concerning that right What led the
water company to this tractable and re-
snonsiye state of mind? Was such nd
eral and amiable attitude characteristic
of that organization or habitual with the
representatives of that corporation! NOW
they are actually ready to make propo-
sitions to tile representatives of the city
containing a few concessions.
The reading of section IA of the con-
tract of 1855 reveals one source of the
alarm and anxiety on the part of the
water company. The section reads as
follows:
ssBe it further ordained. that when the
vaterworks herein provided for are COM
pleted as stipulated for by said contract
il shall be obligatory on said city 10 use
the hydrant of said waterworks and TO
pay for the same as hereinpefore pro-
vided during a period of 80 years
The period of 80 years from the compile
ton of the waterworks would seem to
expire in 1927. nine years from now.
What do the words "it shall be obliga-
tory on said city to use the MIGRANTS or
said waterworlSs' mean? Do they refer
to fire MIGRANTS? DO they refer 10 al
water used for municipal purposesY DO
thew refer to all water used by the mu-
nicipality and individual consumers as
well? Is section IA construed strictly or
literally? What rule of law is applica-
lille to franchise of this description?
There Is food for thought in this Has
the waterworks after all an effective
n,onopolv of the water franchise? The
food contained in that section has occa-
stoned some ureasiness to the representa-
tives of the water company. The trouble
about it was the section was a source
of eoual or greater discomfort to the
ma toritv of the city commissioners The
water company has the nerve, the com
,missioners good intentions. Another
source of anxiety to the water company
is a body of supreme court decisions, Inn
Ting their power of exaction. The power
OF the old contract of 1883 for exaction
Of citizens who cannot afford to engage
in litigation has been considerably re-
d.iced bv the decisions of the higher court.
The dragon of 1888 is getting old and has
lost some of his teeth by judicial ex-
traction
a third source of anxiety TO the water
con- pany was more or less quickened
nsciousness of violations of the contract
on its own part that would lead to the
cancellation of that document If vigorous
" assailed in the courts. The representa-
tives Of the water company are too
shrewd and farseeing to take unnecessary
chances. They realized. the weak point
in their contractual harness and sought
To amend 1t in the recent agreement with
the board of commissioners. An equal
amount of courage and foresight on the
part of the citizens. of Birmingham will
bring about better terms with the water
company, and eventually municipal own
ership of waterworks
What are the advantages claimed for
the people of the city In the recent ar
rargemept with the water company?
First a very small reduction In Nat
rates Second reduction from 80 cents
to 20 cents per 1000 gallons on meter
rates for a daily average consumption OF
1900 gallons or less. Under the old con-
tract the rates per Thousand on oans
consumption ct 1000 to 1900 gallons was
2711e, Loo to 1000 gallons, Sc; 1000 to 5000
22isc: 5000 to 1000. zoe: 1000 or less, SOC Ar
average price per 1000 gallons based on Q
daily consumption Of 1000 to 1000 gallons
| z5c The water company will lose nc
rloney. really makes but little concession