The Birmingham age-herald., 1912-09-26
Bessener News

Late yesterday afternoon in the Besse- mer city court suit was filed by City Attorney G. F. Goodwin, representing the city of Bessemer. against the Bessemer waterworks company. alleging that the water company had failed to live up to its contract. About a year ago the board of aldermen requested the water company to obey its contract. which re- quest 1t is alleged was ignored. In re- sponse to an order by resolution of the board of aldermen the action was taken.
 MT. Goowyn in his bill asks that the water company be given a certain period of time in which they must carry out the orders and in default of this the court is asked to revoke the franchise and dissolve the corporation.
 The following particulars in which it Is claimed the contract has been vio- lated Is set out in the bill
 "(a) The company requires the con- sumers to lay and maiptain at the con- ing in and across the streets from the mains to the curbing abutting on the consumers premises, while 1t is the duty of the water company to lay and main tain all such piping at its own expense.
 "(b) It Is the duty of the company to lay and maintain at its own expense all pipes in and across the streets and side walks from the company's mains to the property line which the company does not do.
 "o) It is held the company refuses to furnish water for water closets, baths and other purposes unless the consumer takes water for domestic purposes.
 '(d) It is said the company has installed meters on the service pipes to the dwell ings of the consumers for bath tubs, wa- ter closets and domestic purposes. and has charged. and is charging, and col lecting from the consumer, by meter rates, and limits the use of the water for such purposes, and, although the amount is so limited. is charging g per year additional for such hot water con nections.
 "(d1D The company requires deposit of 5 for meters even for two room dwell ings, where the water charge is but g per quarter. or ss per annum.
 
 sumers of water for any excess used in any quarter at the rate of 25 cents per 1000 gallons. and does not allow credit for such excess payment, even though such consumers consumption of water for the entire year is less than the max imum meter allowance in such cases at the annual contract rate.
 "f The water company Is charging consumers more than the annual rates provided for in the franchise
 "(g) Tn computing the number of rooms the company charges for reception halls as rooms.
 "(h) Where such reception halls contain fireplaces and stairways and are used solely for reception of guests and for the passage of the consumers family, a charge is made.
 "O The company refuses to extend it's mains to Joresboro, as requested, even though reasonable income on the in- vestment necessary to so extend has been 
 The court is asked In the bill to sum- mon the defendant company and the court is asked to decree that the water works company has failed or refused to perform its contract in tho specified par ticulars The outcome of the suit will be watched with much interest in Besse- mer.
 Tomorrow night at o'clock a mass meeting will be held in the rooms of the board of trade for the purpose Of yra ect and extending suchsa aid as Is deemed wise to the engineer who is now pre- paring to make the survey.
 J. A. VanHoose, James Brown and | others are expected to address the | crowd, which in all probability will be | ! large one. The money necessary for | the survey has been appropriated by | Congress and the government engineer | Is now on the ground preparing pre- iminary data. It is expected that some | means of assisting him in this work | will be adopted at the meeting tomor- row night.
 Last night the store of A. Davidson ,n Nineteenth street between Twelfth | md Thirteenth avenues, was entered | cy thieves and eight pairs of ladies' md mems new shoes and large quan- .ity of cigars were stolen. Entrance was gained by breaking paddock on he front door and the tracks leading ID to the door proved to be that of a, | number 9 shoe. Officers were notified of the robbery and are at work on the ,ase.
 J. ". Andrews. who has been in his city for several months as the | manager of the Grand theatre, will | eave Thursday for Charlotte, N. C.. where he goes to take charge of an- other theatre. As a token of their es- Leem the members of the orchestra and l he cashier presented Mfr Andrews with handsome cameo stick pin. While in this city Mir Andrews has | nado many friends who will regret to near of his removal.
 Rear Admiral Raphael Semmes' birth Jay will be celebrated by the local