The Birmingham age-herald., 1913-02-22
President Lynn Goes Into
Detail i'm Meeting Wealth
erly's Recent Charges
PROUD OF PURITY
OF CITY'S WATER
Reiteratcs Statement That Company
Is Willing to Sell to City if
Fair Price Can Be
Agreed Upon

position was MADE yesterday py the blr-
mingham Waterworks company. Presi-
dent A. NJ. Lynn in a lengthy statement
gives a complete review of the situa-
ton that confronts the city and the
water company in connection with the
suits now before the co6rts.
In the statement Mr.. Weatherly, who
is fighting the company, is taken to
task for his allegations about the purity
of the water and other serious charges
against the company
The statement based upon a careful
study of the water operations here fol-
lows:
The officials of the Birmingham Water
works company earnestly desire cordial
relations with the city commission, the
constituted authorities of the city of Bir-
ming ham, as well as with the many thou
sands of citizens who are the customers
and patrons of the company, and wish
to avoid any controversy through the
newspapers or otherwise which might
have a tendency to arouse antagonlsm.
I'VE must say, however, that we have
been disappointed at the attitude which,
Judging from the newspapers, Commits
sioner Weatherly has assumed with refer
ence to information given him by the
water company in connection with the
water furnished to certain portions of the
city through the municipality operated
plants at North Birmingham and Highland
Park. Commissioner Weatherly seems to
have resented the action of the water
company in aequainting the city officials
with the condition of the water supply
of the two municipal plants, and apparent
ly has felt that the water company, be-
cause of litigation recently instituted,
vas seeking to vent its spleen against
the city administration by showing up the
character of water furnished by the city
authorities to certain sections of the city.
We earnestly regret the commissioner 5
apparent msconstruction of our motive,
ana feel that in justice to ourselves we
should make plain what the situation
actually is with reference to the water
furnished by the city at North Birming-
ham and Highland Park, and why the
condition of these waters was by us
called to the attention of the city COM
missioners.
Most Complete Laboratory
THE water company has one of the
most complete laboratories for the analy-
sis and meteorological examination of
water in the south, and for many years
has kept constantly employed in Birming-
ham 81 skillful bacteriologist, whose duty
it has been to analyze and examine the
water furnished by the company to the
citizens of Birmingham and to carefully
scrItinize the companys purihcaIon
methods. 1t is a matter of common
knowledge that when the agreement made
with the city commission in July, 1912,
as to rates to be charged by the water
company was rejected by the popular ref
erendum to which 1t was submitted, that
the commissioners of Birmingham under
took to fix the rates to be charged by the
water company by ordinance, disregard
ing the contracts which for many years
had been in effect beteewn the city and
the water company.
THE water company believed that these
contracts, upon the faith of which it had
invested millions of dollars, We're valid
and binding and could not be set aside at
will by the city authorities. 1t further
believed that the rates which the city had
undertaken to fix by ordinance were con-
fiscatory 1t filed a bill embodying these
views in the United States district court,
praying that the ordinance which had
been adopted by the city of Birmingham
fixing these rates in disregard of it's con-
tracts be enjoined. The commissioners
took the position in this litigation that
there was no contract between the city
of Birmingham and the water company
fixing the rates to be charged by the water
company to the people of Birmingham
and that the city had the right by ordi-
nance to fix the rates to be charged at
whatever the commissioners might deem
proper, so long as the rates fixed were
not confiscatory.
Judge Grubb's Action
Upon hearing the contentious of the
respective parties to this suit Judge
~ in
between the water company and the city
of Birmingham certain valid contracts
which prescribed the rates at which water
was to be furnished by the water company
TO its patrons IN the city of Birmingham,
and that in view of the existence of these
contracts the city had no right to ignore
he contracts and prescribe by ordinance
the rates which the water company should
charge. Commissioner Weatherly then
announced. as he has announced several
times since, that there would be no let up
in the fight which he had begun on the
water company. Shortly thereafter a quo
warranto proceeding was instituted in Mr.
Weatherly's name against the water COM
pany seeking to annul its franchises be-
cause it was alleged that the water COM
pany had in various matters failed TO
comply with its charter and contract OBJ
legations and duties, the main complaint
being that the water company had failed
to furnish the people of Birmingham with
pure and wholesome water
Immediately following the filing of this
sujt Commissioner Weatherly. through the
newspapers. invited all citizens of Bir-
mingham who were patrons Of the water
company and who had grievances against
that company, TO bring in their com
plants
Question of Rates
ttr~, 20 f1,a tfp,p nf the filinp of tbfc
suit the question between the water com
pany and the city of Birmingham had
been a question of rates. Back Of this
question there was in the minds of many
neople a desire that the city of Birming-
ham should own and operate its own wa
fer plant but there had been, so far as
we can learn. no real dissatisfaction with
the ouality of water furnished by the
water company to the people of Birmins-
ham. with the fling by Mr.. Weatheriy
Of this quo warrantO suit the water com
rany realized that "A fight was being
waeed against its existence as a corpora
ton and that an appeal had been made tc
arouse dissatisfaction not merely Will
the rates fixed by the company's con
tracts with the city but, far more Inn
portant. with the quality of water -ur-
nished. Since the filing of this suit thl
water company, in addition to its owl
experts and regular bacteriologists. has
had its water supply examined by a mum
ber Of men who are regarded as expert
in this line in the great cities Of th'
country. and as it was natural 10 eXpec
COMPARISONS between the water furnishe
bv the Birmingham Waterworks com
panp and other sources OF water supply
1 lie company had its experts Investigate
the wafer supplied through the munici
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