The Birmingham age-herald., 1914-07-28


 l Judge Lanes plan for an advisory ref erendum on the Birmingham waterworks offer of compromise in all probability will be voted down at the city commits sion meeting this afternoon.
 l Commissioner Weatherly's substitute will remain, but as to whether it will be adopted nothing can be learned The substitute calls for a bond issue for a municipal waterworks.
 The commissioners yesterday flatly de- clined to state what action was probable. Judge Lanes position for his own plan and against MT. Weatherly's is known. Commissioner Weatherly's for his plan and against Judge Lanes is known
 President George Wards position on both of them is unknown and he flatly refused yesterday to state what he would do. He even declined to say whether or not he had made up his mind and was ready to vote
 President Ward is generally believed, however, to oppose Judge Lanes reso- lution and his position on MT. Weather ly's is problemati tical.
 There is a possibility of course that the matter may go undecided. If MT. Ward asks for further time the ques- tion would undoubtedly go over another week.
 Up until last night. nothing except the waterworks question was scheduled for the meeting at O clock this afternoon. Shook Answers Weatherly Commissioner James Weatherly will be absolved from the necessity of proving l that Paschal G. Shook is brother -in-law to A. M Lynn. president of the Bir- mingham Waterworks company In an | interview given out yesterday President Shook admits the charge preferred against him in Sundays Age-Herald by 1 MT. Weatherly. He denies, however that l he Is mouthpiece of President Lynn | Of the waterworks and suggests that MT. Lynn is fully capable of being his own spokesman while here and is ably | represented by the local officials and Walker Percy, counsel for the com pany.
 MT. Shocks statement follows Il admit the charge made by Mr. Weatherly that I am brother-in-la law of MT. A, M. Lynn, president of the Br- mingham Waterworks company. and also that l am president of the Birmng ha m | Chamber of Commerce. l may be par doned for saying that I consider myself fortunately situated with respect to both | relationships.
 'I deny that the interview to which he refers was inspired by anyone, or that | It was given in any official capacity with | any expectation or intention of commit- ting the Chamber of Commerce to my position. Personally, should be im- mensely pleased to see that organization go on record as being opposed to an in defensible movement to tear down and destroy one of our great utility corpora l tions. As matter of facts however. 1 the water question as far as I know has never been mentioned at any meet ing of the Chamber of Commerce. nor have discussed any phase of the ques- uon with MT Lynn since Judge Crow rendered his opinion in the suit filed by MT. Weatherly seeking to annul the com l pany's charter and force it out of busi- ness.
 MT. Lynn is amply qualified to speak | for himself when he Is here, and in his absence Is ably represented by the other officials of his company and by~ the companys counsel, MT. Walker Percy
 Jere King Gives Views
 "The city is overwhelmingly in favor of municipal waterworks and 1t must | pest and most just way of getting 1t Is through the work of a real live state Legislature" said Jere C. King well known attorney, yesterday.
 There can be no doubt but that mu- n'clpal ownership Is wonderful suc- cess; cities all over the country are following this method. and we must nave 1t in Birmingham" he added.
 hu' as to just when and how we should go about 1t I do not wish to express an opinion, as I am not familiar with all the details of the present contro- versy.
 1 Tn general way, however. I will ex- press my views if they are desired There are two sides to all such contro- !versies, of course. The one is rep resented by the officials of the com pany and the heads of all other or porations of the community. It Is natu- ral that these men should take the same viewpoint and stand together against the public at large on all such Issues.
 When I was in the legislature in troduced bill giving to municipalities the right of eminent domain. It passed the house unanimously, and if it had ever became law the city would now have it as big stick to deal with the waterworks company and secure jus tice. But the bill was killed in the senate. Henry Gray and friends of the waterworks company saw that 1t was sent to a committee and buried and I had so many other things to do and the session was so near to It's close that 1t was never dug up again.
 What the municipalities of the state need <is the right of eminent domain and by that I mean this: When a rail- l road starts to build a line 1t will cut through your farm and there is no way to stop 1t. A board of appraisers Twill determine the damage you are en- 1, titled to and if you think the prop erty the railroad has seized is worth mere than the appraisers state. you Iare entitled to take the matter be- l fore a jury of the circuit court and abide by it's decision. That's anne right should be vested in all municipalities.