The Birmingham age-herald., 1914-07-14

ter company should be asked to carry cut it's part Of the contract embraced in SIC if tha. contract is not to De binding upon. the people of Birmingham or upon the city. The Birmingham Wa tel works company cannot afford to make eor eession ia the flat rates in old Bir- ningham unless 1t is given the right to install meters. It cannot afford to make voluntary concessions in the meter rates ir the suburbs if a waste of water in old Birmingham Is to be encouraged as a re suit of the maintenance of the old flat rates The Birmingham WaterworKs con pany does not wish to pursue what MT. Weatherly is pleased to call Shylock- ian methods in dealing with the people of Birmingham. It has no dispostion , to stand rpon the letter of It's con tracts, although. those contracts and the rights of the waoer company under them have been completely vindicated in the e urts.
 Willing to Make Agreement
 Tt is willing now to make an agree ment rearranging it's contracts with the city of Birmingham in manner and on a basis fair alike to itself and to the people of Birmingham. It is not, how ever, willing, for the purpose of securing peace and harmony, to make concessions from it's contract rights without any sort of corresponding concessions to 1t; mean while the city of Birmingham continuing to pursue litigation having for Its pur- pose the destruction of the franchise and contract rights of this company. The quo warranto suit instituted in the name of the state of Alabama at the relation Of James Weatherly is not MT. Weatherly's s personal suit. 1t is in reality a suit in stituted and maintained by the city com- mission. The suit is being prosecuted by the city attorneys and the expenses, as We are informed, are being borne out of The city treasury If the authorities of the city of Birmingham believe it to be to the best Interests of the people of Bir- mingham to take an appeal to the SUI preme court of the United States from the decision of the circuit court of appeals on the question of the validity of the con- tract of 1888, and if the city authorities deem 1t proper to appeal from Judge crows decision to the state supreme court. the water company will cheerfully acquiesce and will seek in these great tribunals to fairly and honestly protect its contract and constitutional rights and pending a decision of these courts the water company will give to the people of Birmingham the best water it can furnish and the best service it can render and will only ask that they pay their bills in accordance with the decisions of the courts which have passed upon the sub ject.
 The water company believes that 1t would be most unfortunate for the city or for individual consumers to refuse to pay their lawful bills. The employees of the water company will be instructed to handle all complaints of consumers with the utmost courtesy and consideration and to resolve all doubts in their favor. but until new contracts are made or until the pending litigation is disposed Of the water company will render it's bills in ac- cordance with the existing contracts and will courteously but firmly maintain it's rights under these contracts
 THE BIRMINGHAM WATERWORKS COMPANY
 By A. M. LYNN, President"