The Birmingham age-herald., 1912-12-22
MUST FIGHT II OUT,
 SAYS WEATHERLY City Determined to Own Its
 WaterwOrks Plant SEES CITY VICTOR
Decision Expected From Judge Grubb Soon on Litigation Now Pending in Federal COurt-City's At
 torneys Are Sangine

That there can be no compromise be- tween the water company and the city now, and that the fight was one 10 the death, no quarter being given or asked was a statement of Commissioner James Weatherly yesterday. He was moved to make a statement about the litiga- ton when asked if there was any chanc for the city and the company
 to get together and settle the difficult
 ties amicably rather than to continue the litigation which Is now pending in
 the federal court.
 The question of adjusting the litiga-
 tion was asked Mr. Weatherly informal lly and not by any official of the com pany or any person representing the company but merely as a general in- quiry.
 MT. Weatherly said in his opinion there was no proposition that the com pany could make on the waterworks rates that would be ratified by the peo- pie. He said the reason for the condi- tion was that the people are keen for a munlcipally owned plant and the liti- gation must continue and the city must win and then the plant must De ac- quired
 T doubt if all the employees of the
 waterworks company voted with the company on the recent referendum' said MT. weatherly yesterday "The people of Birmingham have lost every
 vestige of patience with the water company and will not rest or accept lany proposition until the courts have ruled on the case. We are after
 municipal paint and as sure as fate we will get it. It may be some time but whether we acquire the local plant or get one of our own making is not
 before us now. We will get municipal plant of some kind and that may be depended upon.
 Believes City Will Win
 "The case in the federal court in q wolves great question and I person. ally believe the city will win. It would
 be useless for US to start any negotia-
 tions looking to q compromise even if
 we were so inclined inasmuch as the people of this city would not stand for any deal the company might want to make. That company has destroyed every trust the people ever held in it by reason of the arrogance and utter lunwillingness of the minor employees
 with whom the people come in con
 tact, to give them 6 square, polite deal The litigation now on must continue luntil the city or tho company wins We must know the exact status of the relat ton of the city with that company in reference to the regulation of rates Following the decision in that case the lcity must by condemnation or other wise secure tho local plant or we must build 2 municipal plant and run 1t for the benefit of the people of this com munity. The time Is passed when that company can charge greater rates in Birmingham than any city in the world and the time is also passed when the people are to be treated with benign Indifference by employees of any com ,pany"
 Expect Decision Soon In connection with the waterworks lease now in the hands of Judge GruOb 1t is undestood that a decision is ex- pected soon. The city officials have Information that a recent decision hy the United States supreme court in ref erence to the municipalities regulating rates for water has an important bear- ing on the local case. The eify at- torneys and the counsel for the com pany have filed briefs with Judge Grubb which include a case from Iowa re- gently decided by the supreme court which will, 1t Is said have very im- portant influence in the local case.
 The city officials, 1t Is learned. are very sangune that the case will be decided in favor of the city