davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-01-14
MUCH INTEREST NOW
IN FUTURE RATES

Much interest Is now centered in what
the future rates CT the waterworks com
pany are to ne. When asked yesterday
about Judge Gruhb's decision and its eff
feet on the immediate future rates of
the company, Superintendent O'Connell
stated he could make no statement at
this time.
City Commissioner Weatherly was of
the opinion that the rates to be enforced
by the company now until some further
legal action can be taken will be the rates
of the 1888 contract. Other expressions
were made that the waterworks com
pany would now voluntarily maintain the
rates specified in the first contract with
the city commission. BY these rates the
waterworks company claimed 1t reduced
it's income by nearly 100000 annually, but
voluntarily offered them to the city COM
mission as a compromise. These are the
rates invalidated by the referendum cleo
tion.
AS to whether these rates or the old
1885 contract We're the more favorable to
the water consumer is still a much moot
ed question. Many claim that the com
promise rates in the first contract adopted
by the commission are lower than the
1888 rate in spite of their rejection by the
popular vote of the people, and others
claim that the 1888 rate is lower than the
compromise rate in spite Of the fact that
the waterworks company stated they
would lose thousands of dollars a year by
the latter being placed in force.
An announcement from the waterworlSs
in the future is expected within a few
ft,xr
The Birmingham age-herald., 1913-01-14
L., ]. & L. EMPLOYEES
ELECT OFFICERS
J. B. Pope Heads Mutual Benefit AS
sociation-Roy Vaughn Again
Elected Librarian

Saturday night the Loveman, Joseph &
Loeb Employees Mutual Benefit asso-
claton held their annual meeting and
elected the following officers:
j. B. Pope, president; Miss Mollie
Dowd, vice president; Lee Wellman,
chairment entertainment committee; R.
II. Toeplitz, recording secretary; c. L.
Boyd, financial secretary.
Roy Vaughn was again elected librarian
of the splendid library of books main
tanned for the benefit of the big stores
employees only.
The executive committee, consisting OF
one representative from each department
of the store, as elected by the employs
of that department, for the ensuing year
are as follows:
Mrs. Dora Browsie, b. B. Loveman, B.
w. Bev. Miss Nettie Fidger, Miss Marie
School, Mrs. Benjamin l.. Marx, Mrs.
Lee Wellman, Mrs. AL F'rankenstein, Mrs.
Ed James Curry. Miss Carrie Williams.
Miss Anita Weathers, B. l.. Bramlegs,
Miss Mollie Dowd, Miss Lille Alexander,
Mrs. Linstead, Banques Ormond, Roy
Vaughan Charles Mattock, Miss Hannah
We'll Mrs. Nell Chopin, Walter Hooper,
Miss Margaret Fitzpatrick.
For several months the Loveman, Jo-
seph & Loeb employees have been pub
fishing an official organ, known as the
store News containing all the news
OF the store. Loveman, Joseph & Loeb
store News has a circulation of more
than 500 although confined strictly to the
employees of the store. Though the pa
per has only been published as an ex-
L. zI~l
as a permanent publication, to be con-
tributed to by the stores employees.
The Birmingham age-herald., 1913-01-14
AT THE HOTELS

A ]. Preston of Jasper, ]. w. Tutwiler
of Mobile and J. G. Jordon of Gadsden
are registered at the Empire.
James Spence of Tuscaloosa, B. F. Ro-
den of Marvel and j. r. Bass OF Mem
phis are stopping at the Hillman.
w. S. Smith of Lineville, A. p. Ste
phens of Acmar and III. Minott of Tusca-
lcosa are among those registered at the
Metropolitan.
F. o. Hawkins of Montgomery, N, Wal
Ter of Selma, and A. NJ. Richardson OF
Atlanta, are among the arrivals at the
Morris.
r. w. Wood of Haleyville, r. b. Nc
Cary of Huntsville, and II. 2. Dixon OF
Atlanta, are registered at the Florence
c. Z. Hawkins of Louisville, j. Rose OF
Chicago, and c. l.. Marsh of Gadsden, are
among the arrivals at the birmingham.
The Birmingham age-herald., 1913-01-14
NO ACTION EXPECTED
ON TRACK MUDDLE
To Be Postponed Until Next
Week-Companies to Pre-
sent Opinions

1t is not expected that the birmingham
Railway, Light and Power company
Tidewater muddle as to the right of the
latter to use the tracks of the former in
the city OF Birmingham will come up as
the commission meeting today nor will
be acted upon this week.
City Attorney Romaine Boyd stated
yesterday that both companies are now
preparing to present opinions relating to
their side of the case and action of any
kind would be held up pending the pre-
sentation and consideration of these opin-
ions by his office and by the commis-
sioners. He stated that these opinions
would probably be presented the latter
part of this week and action might be
taken the first part of next week.
The muddle has arisen from the request
of the Birmingham Railway, Light and
Power company that the commissioner
deny the Tidewater Street Railway COM
pany the of the formers tracks.
The Birmingham age-herald., 1913-01-14

told him by City Attorney Boyd. who
had hurriedly explained to him the
substance of the decision.
The effect of the decision by Judge
Grubb places the status of the water
fight in Birmingham back where it
was before the first contract was ent-
cred into with the waterworks COM
pany by the commissioners. Commits
sioners Lane and FNum voting for IL
and Weatherly against As is known,
Mr. Weatherly then headed the refer
endum fight and the contract was de-
feated by the vote of the people at
the referendum election. Mr.. Wealth
erly then drafted another water con-
tract which was adopted by the com
mission and the waterworks company
then fled it's suit in the federal court
praying for an Injunction staying the
enforcement of the rates specified by
the Weatherly ordinance. This is the
Injunction which was granted Satur-
day by Judge Grubb. Attorneys Lon
don and Fits of Birmingham and
Brown, Spurlock e Brown of Chatta-
nooga represented the waterworks COM
pany and City Attorney Romalne Boyd
and Assistant City Attorneys M. NJ. Ull-
man and George Huddleston represent
cd hn ott.
The Birmingham age-herald., 1913-01-14
COMMISSION EXPECTED
TO TAKE FINAL ACTION ON
KELLEY FRANCHISE TODAY


IL he could help 1t no more Birnalng-
ham franchises would be hawked about
the streets of New York and offered for
SALE
1T Is safe to say that final action
will be taken on the Kelley franchise to-
morrow" said Commissioner Lane yes-
terday afternoon after the conference
with Attorney Miller and Mr.. Kelley.
II wouldn't say that final action Will
be taken on the Kelley franchise to-
morrow" state Commissioner Weather.
"" because there might be some further
delay"
The Kelley franchise matter has been
before the commission for some time.
has been scheduled repeatedly for final
action and has always been passed over.
After the commission had made the de-
mand that the Kelley interests announce
their hackers. Mr.. Kelley was said to be-
somewhat pessimistc as to the final out
come. Both he and Mr.. Miller when
asked about the case yesterday, said they
could give out nothing at this time
The proposed newsboys' ordinance was
drafted by the officials of the Boys club
and seeks to regulate the age and hours
at which boys shall sell newspapers on
the streets of the city.
The "owl car ordinance IS a petition
from the Birmingham Trades council to
the effect that the Birmingham
Railway, Light and Power company shall
maintain all night schedules on certain
of their lines.
The Birmingham age-herald., 1913-01-14
Kaul to Go to Europe

Interesting news to the Chamber of
Commerce was the appointment yes
terday by Governor ONea1 of John L.
Kaul, formerly president of the Cham
Der of Commerce to serve as one OF
the delegates representing Alabama on
the commission that will go to Europe
in April to study rural credits.
That a member of the local civic
chamber should have been appointed
for such an important task is consid-
cred decided compliment to the Biz
mingham Chamber of Commerce.
The Birmingham age-herald., 1913-01-14
APPLICATION BASED
ON TWO GROUNDS

In its application for Injunction against
the enforcement of the Weatherly ordi-
nance the waterworks company based it's
action on two grounds; first, that the
rates fixed were so low as to be confisca-
tory and that the ordinance was a viola
ton OF the fourteenth amendment to the
federal constitution; second. that it in-
paired the obligation of the 1888 contract,
and so violated section 10 of Article of
the federal constitution. Judge Grub cites
the cases of Vicksburg vs.. the Vicksburg
Waterworks company, Greenville VS.. the
Greenville Walerworks company and the
cases of Weller VS.. Gadsden and Gads-
den vs.. Mitchell
In these citations the Judge seeks to
prove that in 1888 the city had the le-
gal authority and was clothed with the
proper power to make a contract with
the waterworks company and that there
fore the 1888 contract is valid. He then
holds that there Is nothing In the 1888
contract providing for regulation of rates
by the city and that therefore the only
Just way of adopting new rates is by
mutual agreement between the two
parties to the contract. 1t then fol-
lows that during the term of the con-
tract the city has no power to regulate
he rates of the waterworks company
without the consent of the waterworks
company and that the ordinances adopt
ed by the city commission seeking to
so regulate the rates of the waterworks
company are void.
Then having reached the conclusion
that the 1883 contract was valid and
that 1t was an absolute contract and
not merely a contract 10 regulate the
maximum rate. Judge Grubb comes to
the point where the compromise rat,
the rates of the waterworks company
anu adopted in contract upon which
The Birmingham age-herald., 1913-01-14

mingham Trades council Friday night in
the orpheum theatre. is expected TO draw
a large audience OF the workers OF all
crafts in the district The lecture OF Mr..
Mitchell will be free to the public and
the executive committee is planning on
an audience of least 1900 persons.
Plans were made yesterday for large
reception committee of representatives
of the various unions In the city TO
meet Mr. Mitchell and act as d reception
committee Following were those ap-
pointed
H. Meyers. sheet metal workers; J. Al
drea. mouders; e. s. Ingram, ''B +. C.":
Burt, Pinch electrical workers; +. r.
Kennamer, United Mine Workers; II. p
Davis, plumbers; 0. karlson. machinists,
J. II. f. Moseley. Typographical union;
Miss McNatt. Women's Union league;
Andy Marx, cigarmakers; B. n. King
machinlsts; O. Chalifoux. musicians; j
+. Ellison. brieklayers; r. II. White
Typographical union: j. Horan, bartend-
ers; S. Hill, patternmakers; j. b. Wood
moving picture operators, j. f.. Jacobs
moulders; J.. p. Huey. plumbers; G.
Roesel. tailors; n. Gibson. paperhalsers
j. f. Staley bill posters; w. W. Jones
garment workers: II. Williams, stage EN-
ployes, and o. Byrne. stationary engi-
neers
Delegates from the followinf locals
were obligated:
Painters Union No. 51-Brothers ITar-
rington McClain, Blythe. Jones. Hurry
Paperhangers No. 5s-Brothers McFar-
land. coberly, Meharg, Gibson, Craig
head.
Beer Drivers No 7s- Brothers Herr
mann and Thompson.
Electrical Workers No 1S6- Brothers
Nelson, Pinch. SchreclS. Johman.
Stage Employees No. 7s-Brothers Wood
Lother. Cooper. Marx Williams.
Plumbers No. sl-Brother Courtney IN
place OF Brother Choate, resigned
Garment Workers No. 81 Mrs. \. Ad-
olson. Mrs w. w Perry. Miss Ida Wii-
liams ". W. Jones and Hiss Bertha
Parfain.
The Birmingham age-herald., 1913-01-14
GROUNDS FOR FILING QUO
WARRANTO PROCEEDINGS

Il. Failing to furnish water OF the
proper kind. quality and degree of
wholesomeness called for by their fran
chise.
49, Refusing TO lay service pipes
from their mains To the property lines
of applicants for water service.
"3. Compelling applicants for water
service to provide guch service pipes
at their own expense.
90 Charging for service on meter
basis on cases where company was lin
tied by it's own contract TO fiat
rate.
IS. Refusing water in certain cases
for domestic use.
IS. Allowing Illegal charges and en-
forcing payment by cutting off the wa
ter service.
~. Allowing meters to be falsely read
or not reading them at all
IS. Failing to have complaints of
patrons investigated.
This suit" said Mr.. Weatherly,
will be filed within the next few days
and will be filed in the name of the
state as a relator. This Is done because
the waterworks company was incor-
porated by the state and suit seek
ing to take from them their fran
chise must be filed in the name of the
The Birmingham age-herald., 1913-01-14
PARCEL POST AT AID
CLUB LUNCHEON
Postmaster Aldrich Will Speak Today,
Explaining Benefits of Newest
Branch of Postal Service

The advantages of the parcel post to the
Birmingham merchants will be thoroughly
gone over and explained in detail at the
Ad club weekly luncheon this noon in the
Empire cafe by Postmaster Truman IL.
Aldrich. The Ad club officials feel great
ly elated.
The parcel post is in its infancy and
few people know anything about it; but
the knowledge which Colonel Aldrich has
managed to assimilate in months of study
of the new project he will gladly reveal
to the members of the Ad club in his
characteristic manner.
John Sparrow, president of the Ad club,
especially urges every Birmingham blisi-
ness man to attend today's luncheon and
get acquainted with the parcel post from
the views of an expert.
The Birmingham age-herald., 1913-01-14
COMES TO REFERENDUM
ELECTION IN CITY

The Judge then comes to the referen-
DUN election. which he declares Is pro-
vided for by section of the act OF
the legislature of Alabama, approved
March 81, 1911, under which the present
municipal government of the city of Bir-
mingham is established and Is therefore
valid.
The waterworks company contended
that as the compromise contract with
the commission did not grant 1t any fur
ther rights TO the streets of the city.
therefore ii was not subject to this ref
erendum Judge Grubb, however. holds
this as a narrow construction to place
upon the law. stating that 1t would de-
feat the purpose of the referedum
which was TO give the inha Ditants of the
city a chance TO express their opinion
on anv franchise which might be on
erous to the city or to the inhabitants
He then declares that contract subject
to the referendum, the referendum legal
and, as referendum defeated the contract.
the contract void. He then takes ull
the Weatherly water rate ordinance
holds 1t VOID because the 1888 contract
is stilI subsisting, and therefore grants
the Injunction prayed for by the wa
terworks company.
The Birmingham age-herald., 1913-01-14
Want Convention in 1914

Henry Tiden, chairman of the con-
vention committee of the Chamber of
Commerce, called a meeting of his COM
mittee yesterday morning at II o'clock
in the directors room. The meeting re-
suited in making extensive plans TO
start a campaign for conventions for
1914 A booklet was authorized to be
published showing various views of the
beauties of the Magic City" and sta
tistics of its manufacturers and re-
sources for the information of pros
pective organizations that would in
vestigate this city for convention pur-
poses
No campaign will be instituted for
conventions this year as the committee
feels that the hotel accommodations
at the present time are totally made
quate to entertain any large number
of people. In 1914, however, the two
new million dollar structures and an
auditorium are expected to be com
pleted, thus providing for large conven-
tions in this city.
The Birmingham age-herald., 1913-01-14

Following yesterday Of Federal Judge
w. L. Grubbs decision granting the temporary injunction
prayed for by the Birmingham Waterworks company seeking
nvadate the Weatery ordinance regulating water
for the city of Birmingham City Commissioner Weatherly
stated that quo warano proceedings would be filed at
seeking to declare void the franchise under which the water
works company is now operating.
Judge Grubbs decision in the injunction mailed
from New Orleans Saturday where Judge Grubb holding
court but received here until yesterday morning
City Boyd received copy did the
works In his decision Judge Grubb grants the
junction asked for by the waterwos company against the
forcement of the Weahery water rate ordinance declares
legal the referendum election the first contract between the
city commission and the waerwoks company and denies the
right of the city commission to regulate water rates IN Biz
mngham long the old contract with the city of Bmng
ham and its suburbs adopted 1888 in force This contract
expires in 1918.
The Birmingham age-herald., 1913-01-14

Commissioner Weatherly yesterday
said: 1--WE viii appeal the case to the
federal court of appeals, of course, and
il decided against us there Will take
1t on up to the supreme court of the
United States, / want to tell the people
not to be discouraged. The encour-
aging part of Judge Grubbs decision
for us is that he upheld the referendum.
In the plea for their injunction the
water company said that the refer
endum was not valid and their idea in
that was to maintain the contract they
made with the majority of the city COM
mission, the contract upon which the
referendum was held.
However, Judge Grubb also holds
that this contract is void and the wa
terworks company now will have to
use the old contract adopted with the
old city of Birmingham and the sub
urbs in 1883. There are many features
about this contract that the water
works company does not like. For in
stance this contract states that meters
cannot be installed in Birmingham
proper. The waterworks company has
Installed many meters in birmingham
proper, and this lnvalidates their fran
chise. Not only that but the old rates
with some of the suburbs were very
unsatisfactory to the waterworks COM
pany. For instance, that famous Gray
mont case in which a man could use
1000 gallons of water a day and at the
end of the month pay a fiat rate Of
SO. 1t was the unsatisfactory features
of this old contract that caused the
waterworks company to seek new
contract with the city, the one that
was invalidated by the referendum
al
The Birmingham age-herald., 1913-01-14
COMPANY HURT MUCH
MORE THAN THE CITY

"rhe waterworks company is hurt
much worse by the decision than We
are. However, the fight has just begun
and it is just ratter of time now
for the regular legal procedure to be
taken and then we will file our ap-
peal.
However, in the meantime, we will
institute another suit against tho wa
terworks company seeking to take from
them their franchise. This suit has
been prepared for some time and has
been merely awaiting the decision of
Judge Grubb in the Injunction case
We would have filed it after Judge
Grubb's decision no matter what that
decision might have been. 1t Is quo
warranto proceeding based, roughly
speaking. on the following grounds:
The Birmingham age-herald., 1913-01-14
Real Estate Transfer

Deed was placed on record yesterday
in the office Of the probate clerk showing
the following transfer of real estate. the
consideration being $1,000 or more:
s20c0--W. II. Boggs and wife to Edward
Hagenbuckner. 10 acres of the north end
of the west half of the southeast quar-
ter of the southeast quarter of section IS.
township IS. range west, according to
the plans and surveys Of jefferson county.
The Birmingham age-herald., 1913-01-14
New Advertising Plan

C. Mayer and J. Doyle, representa-
tives of the National Film company of
Chicago, called on Secretary Radcliffe
yesterday to explain plan In which
the Chamber of Commerce could CO.
operate for making films of the city
and the various industries. The mer-
chants and manufacturers OF this city
to pay for the making of the film
which would be used in advertising the
city should the Chamber of Commerce
desire to pay the necessary expense
of exhibiting 1t TO public view. Secre-
tary Radcliffe took the plan under ad-
visement.
The Birmingham age-herald., 1913-01-14
Marriage Licenses

The following marriage licenses we're
issued yesterday in the office Of the
probate clerk:
Charles e. Corns of Birmingham and
Miss Alice Parry.
Antonio Dat.ol of Birmingham and
Miss Guiseppina Diliberts.
S. U. Faucet of East Lake and Miss
Sarah Thompson
E. M. Sullivan of Fort Worth, Tex,
and Miss Olive Smith.
DIR. e. N. Wood. Jr., of Birmingham
and Miss Ruby Griggs.
The Birmingham age-herald., 1913-01-14
Directors Meeting Postponed

Other matters that came up in the
Chamber of Commerce yesterday was
that the meeting for the board of di-
rectors was postponed from this aft
ernoon at $3.50 o'clock to $3.50 o'clock
Thursday afternoon, owing to the fact
of the many bank directors meetings
this afternoon. 1t seems that the di-
rectors of the Chamber of Commerce
are nearly all directors in some of the
local banks.
The Birmingham age-herald., 1913-01-14
Measuring Slagpile

The city engineers office, under the
direction of City Engineer Kirkpatrick.
is now engaged in measuring the sioss-
Sheffield Stag pile at the sloss furnaces
preparatory to making some plans as to
the removal of the great dump so as
to open up Second avenue. This action
follows the action of the city commission
ordering Second avenue opened up.
The Birmingham age-herald., 1913-01-14
SENTENCED FOR
CARRYING PISTOL
w. A. Stanley Fined S1OO
and Sentenced to 60
Days in Jail

w. A. Stanley was fined 800 and sem
fenced TO 90 days imprisonment yester-
day by Judge w. f. Fort in the second
division of the criminal court on charge
of carrying a concealed pistol Stanley
was formerly a street car conductor and
It is alleged beat and assaulted Henry j..
King. sr, on Terminal street car few
months ago.
In addition to the charge of carrying
concealed weapons, a charge of assault
with intent to murder is pending against
him in the first division OF the criminal
court.
He will be sentenced Saturday
The Birmingham age-herald., 1913-01-14
LANE AND EXUM HAD
NOT READ DECISION

Judge Lane and Mr.. EXum both stated
that they had not had an opportunity
to examine Judge Grubb's decision and
could say nothing about it At this time,
Mr. Weatherly also stated that he had
not had an opportunity 70 read even
hastily Judge Grubb's decision and
that all he knew about II hsad been
The Birmingham age-herald., 1913-01-14
Judge ~Grubb Holds Referendum Re-
sult Legal and Declares Void the
Agreement Made By Com
pdny With the Com
1lisSiOners
QUO WARRANTO WILL NOW BE
INSTITUTED, SAYS WEATHERLY
Decision Denies Right of Commission to Regulate Water Rates
in Birmingham Long 1888 Contract is in Force
This Old Contract States That Meters Cannot
Be Installed in Birmingham Proper
What Those Interested Say of Decision

1.-The fight is just begun. Judge Grubb's decision hits
the waterworks people harder than it does City Com
missioner James Weatherly.
Il have nothing to say now superintendent d. j..
OConnell of Birmingham Waterworks company
Quo warranto proceedings will be filed at seeking
to invadae the franchise of the waterworks company -
The city commission.
The Birmingham age-herald., 1913-01-14
LABOR LEADER WILL /
. SPEAK NEXT friday
Large Reception Committee
AppOinted-Audience of
1000 Expected

Progressive Unionism.' the topic of
John Mitchell, vice president OF the
American Federation Of Labor, who will
speak under the auspices of the Br-
The Birmingham age-herald., 1913-01-14
Mothers Club Meets Tomorrow

The Mothers club of Woodlawn VIII
meet Wednesday afternoon at 3 O'Clock at
the city hall All members are urged
TO attend.
The Birmingham age-herald., 1913-01-14

the majority of the commission voted
yea. This contract was a mutual agree
ment between the two parties of the
1888 contract and was therefore valid
and replaced the 1888 contract.
The Birmingham age-herald., 1913-01-14
ALABAMA CoNsIsrORy

ALABAMA CONSIsTORY
WILL HOLD ITS ANNUAL MEETING
IN THE MASONIC TEMPLE WEDNES-
DAY. JANUARY 10. At y. VI. ELEC-
TION AND INSTALLATION OF OFF'I-
GERS. ". w. RANSOM,
MASTER OF kADOsu.
The Birmingham age-herald., 1913-01-14
Protect Yourself

Your business and your stock
holders from any possible loss
by the defalcation of an un-
trustworthy employe.
Bond them with this strong
Southern Company. We afford
you broad protection at reason
able rates.