The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-08-14
LETTERS TO EDITOR
Burruss on Water Agreement

commissioners OF the city of Birming.
ham purpostine TO change, modify and
reduce certain existing water rates In the
city of Birmingham as heretofore charged
hy the Birmingham Waterworks com
pany. Is this document an ordinance
pure and simple or is il an ordinance rec
ognizing an old contract and acceptins
carefully prepared proposition of an
other party than the board of the city
commissioners of Birmingham? Sector
of ordinance No. &c declares that tho
proposition OF the Birmingham Water
works company bearing date June II. 1912
is accepted by the city of Birmingham
Section II of ordinance No. &c declares
that II is the intention of this ordinance
TO accept the proposition OF the Birming-
ham Waterworks company hereto at
tached in the terms therein set out The
tenth division of the proposition of the
Birmingham Waterworks company ac-
cepted by the board of commissioners OF
Birmingham declares this proposition Is
made In settlement of the disputes con-
corning the right of the city of Birming-
ham to regulate or change the rates and
regulations of said water company.
4 Is IT reasonably clear from these state
ments contained in the ordinance of the
commissioners and the proposition of the
water company accepted by the commits
sioners of the city that the contract of
June 2, 1888. with the original Birming-
ham, and the contracts of the various
municipalities recently Incorporated into
the city of Birmingham and extending TO
1889, have been substantially recognized
and reaffirmed except to certain mod
ifcs tons contained In the proposition of
the Birmingham Waterworks COM
pany? The ordinance &c rec
ognzes. vitalizes and strengthens these
contracts in spite of incidental decara-
tons to the contrary contained in the
ordinance.
The ordinance nowhere complains of,
disapproves or condemns any of these con-
tracts The ordinance does not rise fully
10 the level and dignity of a genuine and
authoritative ordinance. An ordinance
pure and simple would have changed and
regulated the rates and allowed the par
ties and consequences to act and follow
as they might The question as to
whether the passing of an ordinance
pure and simple, changing and regulating
rates under existing conditions was a
discreet policy is another matter. The
fact is old contracts were referred to.
recognized modified and changed to suit
the parties who were engaged in adjust
ng difference or interests
II The recognition of a former contract
and the practical reaffirmation OF a for
Eier agreement surely amounts to a con-
tract, when proposition is rendered by
one party and accepted by the other.
The simple truth is the water company
presented the city commissioners a propo-
sition modifying certain features and
rates of the old contracts. The commits
soners accepted the proposition of the
wafer company as a settlement of the
disputes concerning the right of the city
Of Birmingham to regulate or change the
rates and regulations of the water COM
pany. Does not an offer containing GER
tair stpulations rendered by one party
and accepted by another constitute a con.
tract? If II Is not contract what would
be its proper legal and technical designa-
ton? To put this matter beyond doubt
let us quote the exact language of the
proposition OF the water company. which
is the basis and essential feature of ordi-
nance No. SIC:
This proposition is made in settlement
Of the disputes concerning the right OF
tie city of Birmingham to regulate, OF
change the rates and regulations of said
water company contrary TO the provi-
sions of this proposition as fixed by its
contracts aforesaid long as the said
/ contract, dated June 2. 1888. shall be OF
remain in force. And on the acceptance
| of this proposition by ordinance or other
| wise the contract between the city and
/ the water company, dated June 2. 1883
| and the contracts between the said water
+! company and the several municipalities
named herein, shall be changed SO as to
] include among the stipulations thereof
tile terms of this proposition But none
| of said contracts shall be otherwise
/ changed amended or affected"
Does not the language of this proposi.
ton rendered and accepted, establish the
status Of contract between the parties
ia interest? The next inquiry in order
Is the wisdom or desirability Of that or
dirance and contract. The ordinance de
4 clares repeatedly that it is the intention
Of that remarkable document to enforce
the rights of the city and other con
sumers of water, and not to waive. lose
! prciudice or affect any of the present OF
Il future rights which the city now has ol
/ would otherwise have to question the va
/ lidity of any OF said contracts IL deemed
/ TO the interest of the city to do so. Wha'
good does the incidental recital of al
i these good intentions do If the city com
/ m!ssioners have missed a good opportun
| lty to better the present and future con
! ditjon of this city as to Its water sup
i ply or IL they have made an arrange
] nent with the water company prejudicia
\ 10 the interests of the citizens of Biz.
| mingham? There was an opportunity tt
do something substantial for the better
! raent of water conditions Decisions Of
i the supreme court had been rendered sub
yarsive of the excessive claims of ths
/ water company. The city attorney haf
4 called attention to the weakness and un
certainty of the contract of 1883. Publ,
sentiment was aroused to the Importance
i Of this business under discussion witt
the water company
II The citizenship OF the community loolsot
II confidently and cheerfully to the abili
lty. Intelligence and firmness of its com
mis- sioners for relief. The water compan,
PLAYED its hand with a nerve, skill ant
i a courage that appalled, and paralyzet
a majority OF the city commissioners a
the supreme stage OF the negotiation anS
at the psychological moment converted
the proposition of the Birmingham
Waterworks company into an ordinance
Of the city OF Birmingham. The alarm
and anxiety of the water company i
manifested by their willingness to maxi
a proposition Containing any concessions
in settlement of the disputes concerning
1 the right of the city of Birmingham Il
, regulate and change the rates and regu
lations OF the company. They denied TIL
!, right OF the city to regulate or chang
the rates and vet made proposition
containing : settlement Of the disputes