The Birmingham age-herald., 1914-12-18
Decisions Regarded by the Water Officials as Uphold
 ing Their Contention
CLAIM IT SETTLES
 DISPUTED POINTS
Executive Statement Says Decision Clears Up All Existing Disputes Between the Company and
 It's Consumers

In cases involving principles of vital i'm portance to water consumers of this dis trict, the supreme court yesterday upheld the contentious of the Birmingham Water company and so defined the situations involved as to move President A. M. Lynn to announce that these decisions clear up all existing disputes between the water company and it's consumers"
 The cases decided included the case of T. c Windham against the water company and the case of Mary B. Brown against the water company. It is stated that the cases involve questions that have been unsettled for sometime and will tend im- mediately to clarify the situation affect ing the water company and its relations with the people.
 In the Mary B. Brown case the supreme court settles the proposition that all dwelling supplied under the old Birming- ham contract must pay according to tat rates fixed in the contracts and that all special contracts for meter rates for dwell- ings in old Birmingham are void This has been the water company's contention.
 In the Windhan1 case the point was whether meter rates in those municipali- ties absorbed by Greater Birmingham could be charged. The company insisted that such was legal and proper, but a temporary injunction was issued by Judge John H. Miller against the company s cutting off the water supply after tender of money had been made in payment on flat rates. The case was similar to the Kelly case, which caused considerable con- fusion and which is reversed The Kelly case was used extensively in the late city campaign.
 In the Wfndham case Justice Mcclellan of the supreme court uses this language:
 The company having, as we construe the. Graymont ordinance contract, the right to install meters on any service nine and to charge by measure for water con- sumed, and to collect meter rent under section 16 of the contract. the decredal or. der undertaking the restraint of the com. pany from the severing of the complain. ants water connection to his residenc. was laid in error and is reversed fin A de. cree, and a decree will be here entered die. solving the temporary injunction.
 Water Officials Pleased
 By reason of the importance of tbs two cases decided yesterday there has been great deal of interest manifest. ed. The officials of the water companv are naturally well pleased that inc highest legal tribunal in this state has upheld their contention.
 The executive offices of the company issued this statement yesterday in re. gard to the decisions:
 From reports received from Mont. gomery today the supreme court aas overruled and dismissed the petit1or to rehear the case of the Birmingham Waterworks company against Mary B Brown. This case finally settles the proposition that all dwellings supplied under the old Birmingham contrac' must pay in accordance with the fla rate fixed in that contract and tha all special contracts for meter rate, Tor dwellings in old Birmingham ar, void.
 "A number of our consumers in olt Birmingham have been refusing to pa! their accounts on the old flat rate fo
 (Continued on Page Eleven)