The Birmingham age-herald., 1912-12-01
CHANGE BASIS OF WATERWORKSSU|T AGAINST THE CITY Contract Notification Ordi- nance Said to Put Case
 on New Footing MUST DECIDE PLEA
 NOW ON EVIDENCE Arguments of Attorneys Concluded Yesterday and Judge Grubb
 Takes Application for Injunc-
 tion Under Advisement

The entire complexion of the water works case ltas undergone a change by reason of the contract nullifcation by , the city commission Friday. and the case that Judge William I. Grubb must decide is based on evidence now rath- CT than on law Such was the interpre- tation of the situation given yesterday i by City Commissioner A. O. Lane. when he was asked what bearing the con tract annullment ordinance would have on the federal injunction case.
 The proposition had been considered one of interpreting the commission law and determining whether or not the recent referendum election applied lwaterworks company. The company has contended that even if that con tract was void the other previous con tracts with the city was good. But they believe the referendum was illegal. The point now is said to be that the waterworks company is without any contracts with the city at all and the basis of the suit must be changed.
 The statement of Judge Lane yes ! hear evidence from the city whether the water company has violated the contracts alleged by the city when the contract annullment ordinance was passed It will be up to the city to prove that the water company has violated its contracts, because the city does not possess the right to abrogate such contracts unless there is some cause.
 The effect of our conceling the contracts of the company" said Judge Lane. will be that the city must prove that the company has violated the con tracts as We alleged. As you know, the contracts are not violated just be- cause we say so, but we will have to make good on every contention. Of course we feel sure of our ground or we would not have introduced the or dinance abrogating the contract"
 The case of the waterworks company against the city to secure a temporary l Injunction to restrain the city from en- forcing the Weatherly water ordinance was concluded in it's preliminary effect yesterday.
 l The feature of the hearing yester- day was the introduction by the at l torneys for the city of pleading set ting forth that all the contracts of the company had been cancelled, hence the attorneys need not bother about l the contract part of the case. The 1 pleadings set forth the 10 reasons why the city cancelled all the company's s contra cts.
 Capt. Romaine Boyd, city attorney, l closed the arguments for the city yes- terday morning, while John London of London & Fitts closed for the water company. Captain Boyd argued at length as to the legality of the Weath- l erly ordinance and quoted from deci- | sions handed down in local courts on waterworks cases, Captain Boyd was 1 followed by John London, who argued that the referendum held on the Exum- Lane ordinance did not apply and quoted from the commission bill to show that the contract was not an enlargement of the companys fran chise right and was not in any sense franchise. He argued that the Weatherly ordinance was illegal and went into details In reference to the previous argument made by Captain Boyd.
 The hearing yesterday morning was 1 attended by Judge Lane and Mir. Weatherly. both. of whom were in- 1 tensely interested in the points made by the attorneys. Judge Grubb, after the 1 pleadings had been filed and the argu- ments closed, announced that he would
 take the application for a temporary l Injunction under adyisement and would let the litigants hear from him later.
 Judge Grubb left last night for New 1 Orleans. where he will act for Judge
 Mccormack of the court of apepals l Whp is i'll