The Birmingham age-herald., 1912-07-15
DECISION WOULD PUT SUBURBS ON FLAT RATE BASIS UlIman Submits Opinion on Kelley Decision to Pres
 ident Exum COMPANY WOULD BE FORCED TO CHANGE It Would Mean General Increase in Water Rates in Suburbs of
 From Hundred to Hundred
 and Fifty Per Cent

A thorough analysis of the case Of Keny against the waterworks company
 before the court of appeals, which was
 decided adversely to the company and upon which the opposition to the water ordinance has dwelt with particular em-
 phasis, has been made by M. M. ull-
 man. assistant city attorney, at the d. rection of Culpepper Exum, president Of
 the board of commissioners.
 That opinion has been rendered Presl- dent Exum and it discloses the fact ac-
 cordng to MT. Ullman's written communi-
 cation, that if the water agreement Is
 voted down by the proposed referendum
 1t will serve to place all suburbs back
 on the fiat rate basis
 The information given to the commits
 sion president by MT. Ullman after an
 exhaustive examination into the proposi-
 ton follows:
 Hon. Culpepper EXum, Commissioners City Hall, City.
 Dear Sir: In compliance with your re- quest l beg to advise that I have care fully examined the case of Birmingham Waterworks company vs. Kelley, 56
 Southern Reporter, and pursuant to your request I desire to give you the bene-
 fit of my investigation as to the mean ing of this case and it's operation in the city of Birmingham.
 .In this case the court of appeals de- cides that there is no meter rate Tor resi- dences where less than 1900 gallons per day is used.
 May Collect Flat Rate
 "The new contract gives the right to the
 citizen to demand a meter in all cases.
 Keileys case holds that neither the com pany nor the citizen has the legal right
 to demand a meter. This means that for residential connections. the company may always collect the flat rate. and never more except in case of waste.
 "Keiley's case Is exceptional. He had an exceptionally low flat rate, because he had no bath room and no toilet, which conyeniences would have added S2. .25 to his quarterly fiat rate. making 1t s4.62 in- stead of s2 37 The larger part of the people have both bath and sanitary water | toilet connections, and if the old con- | tract is reinstated the suburban towns will be forced back onto the flat rate, | which Is 50 per cent higher than the min mum fixed by the new contract, to-wit: | $2. 50 per quarter for meter measurement. A five room dwelling with one bath. one | toilet and one lawn sprinkler on the flat |
 for each of the summer quarters from | April to June and from July to October, l and S7 12 for the two winter quarters from | October to December and from January to March.
 Suburbs Vastly Interested l "Certain 1t is that the suburbs are I vastly interested in saving the right to | get water by meter.
 | "The supreme court of Alabama has | ..rtt tI1 1 Birmingham Waterworks company. the Birmingham Waterworks company vs. Truss, and Birmingham Waterworks com | pany ys. Kelley, that none of the old | contracts between the various towns, now 1 constituting Greater Birmingham. and 1 the Birmingham Waterworks company, permit meter charges to residences using I less than 1000 gallons of water daily. This leads to the appalling condition that if the new contract is resclnded. the
 waterworks company may and doubt | less will be required to take out the me | ters in the suburbs and institute the flat rate. which, in the case of 75 per cent | of consumers will be from 100 to 15O per cent higher than the meter rate of g 90
 for 12,5OO gallons per quarter. Provisions of New Contract "The new contract secures the right to metered water for dwellings. which right did not heretofore legally exist accord | ing to the decision in Kelley's case. The | Kelley case came like a thunder clap i to the water company and the legal re- | suit of the decision is that if the water company continues to sell water to the suburbs by meter measurement, it will | be subjected to innumerable law suits and subjected to the danger of having | it's contract declared forfeited thereby.
 On the other hand the 5000 citizens in the
 suburtS of Graymont, Elyton, Ensiey