The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-12

stockade.
plaintiff, VS.. city of Birmingham. sc
PENDANTS.
To the honorable, the judges Of the
district court of the United states in
and for the Northern district of Ala
bama:
| The birmingham Waterworks company,
corporation organized and existing IN
der the laws of the State of Alabama,
and a citizen of said state, brings this,
its bill, against the City of Birmingham.
municipal corporation, organized end
existing under the laws of the State Of
| Alabama and C. EXum. A. o, Lane and
James Weatherly, members OF the Board
of Commissioners of said city, all Of said
defendants being citizens of said STATE
and inhabitants Of the district Of Ala
baina aforesaid.
whereupon. your orator complains and
says:
That is is a corporation, chartered
and organized for the purpose Of sup
plying the defendant city with water I'M
1
Sometime prior to the year 1886, the
City of Birmingham was being supplied
with water for public and domestic pur-
poses under contract with the Elyton
Land company corporation organized
under the laws of Alabama, which lad
built and was maintaining in said city
a system of waterworks, with mains ala
| pipes laid in the streets thereof; the said
city had also made a similar contract
with Travers Daniels and associates. both
of these contracts being for the period
of twenty-five years. Before the time
stated, and owing to the rapid growth
of the defendant city, this supply OF
water had become wholly inadequate, not
withstanding the two contracts afore-
said, and the quality of the water then
being supplied was causing great dis
satisfaction to the citizens of Birning-
ham This state of affairs was due
either to the fact that the Elyton Land
company was only supplying water as
an incident TO its main business. and did
not deem it advisable to devote TO the
water business the capital that was re-
quired to change the source of water
supply, and move the pumping station to
the cahaba river which was recognized
to be the most available stream afford
ing a sufficient quantity of pure and
wholesome water to meet the growing
demands of the city; or that said com
pany had not authority sufficient under
its charter and the general law TO con-
struct an adequate waterworks system.
including the necessary aqueducts, canals,
dams and reservoirs.
A special charter Of incorporation was,
therefore. granted by the legislature Of
the State of Alabama to the Birmingham
Waterworks company. The granting OF
said charter was necessary to promote
the health and comfort of the citizens
OF Birmingham and its suburbs, to af-
ford them an ample supply of good and
pure water and in the judgment Of the
general assembly this object could not
be obtained under the general laws Of the
state. The corporation thus created vas
clothed with ample power by pipes. ca
nails, etc, to take. use and condemn the
water of any available creek. spring or
river, to construct dams and reservoirs
to carry the same into the city OF Biz
mingham where 1t was authorized to es-
tablsh and construct waterworks within
and near the corporate limits and to
send and distribute water throughout the
said city and places adjacent thereto ana
10 do any and all things necessary TO
construct system of waterworks that
would meet the then existing and future
demands of said city. II was also au-
thorized to issue its capital stock to the
extent of 100000 and to borrow such
money as might be necessary to airy
into effect the objects and provisions OF
its charter. and to secure the payment
OF bonds issued for this purpose
by mortgage on its property and fran
chises IT was also expressly empowered
20 make contracts with individuals and
COZ pora lions for water to be supplied by
il and TO charge and collect such rates as
conner sation therefor as might be con-
tracted to be paid by said individuals and
corpora TORS
1t was intended by said special act sf
incorporation to empower your orator
to construct the works aforesaid by
money furnished and borrowed for that
purpose. and to enable 1t to make such
contracts with the city of Birmingham
and its inhabitants as might be neces-
sary for the successful operation of the
works provided for
| H.
Mains and Pipes Laid