The Birmingham age-herald., 1914-07-04
CITY EXPECTS ID WIN WATERF|GHT IN SUPREME COURT Argue That Increased Rates Will Be Felt Only Tem-
 porarily PEOPLE VOTED TO
 REJECT THE RATES Opposition at That Time 2 ,sed on the Length of Time Rates Were to Be Effective Under Ordi-
 nance No. 97-C

| Although no direct statement i,
 forthcoming from the city officials, fl
 seems practically certain that nc counter move will be made by the cit, in an attempted retaliation at the Bir- mingham Waterworks company's move | in putting into effect the old flat rates on water
 The city appears absolutely confident of winning the case in the supreme court and in that confidence it will allow the controversy to rest for the next several months decision on the appeal to the supreme court of the state is expected by not later than Christmas and the officials then feel that the waterworks fight will be at an end.
 plan to condemn the waterworks company, have it appraised by board of arbiters and buy 1t by floating a municipal bond issue, for a time was considered. It has been abandoned. To condemn and buy the waterworlks now it was argued, would cost the city probably million dollars more than to take like action six months from now in case the supreme courts deci- sicIk .s against the company. The old rates which have been re- stored by the waterworks company will increase many individual water bills But it is believed by the commissioners | that the people in general will not ob- ] ject. They base that belief on the fact 1 that the people so overwhelmingly | turned down ordinance 97-C In the rer- erendum election. That ordinance pro 1 vided for the lower rates which the | people have been paying for the past l two years. The restoration of the | higher rates now, it is stated, Is mere 1 ly the belated effect of the refer endum election and therefore Is the | peoples wish.
 Confident of Winning In view of the fact that the city's attorneys and the officials conducting l the case are confident of winning ir
 the supreme court, they therefore ex. | pect the old and higher rates will be paid without much objection for the nexi | quarter or two. It is stated that they will not be in effect more than two quarters and maybe only one, this be. | ing of course based on the assumption l that the supreme court will decided ir | favor of the city. To condemn the com. pany now and buy 1t would necessitate the purchase of the company's franchise WHICH IS d NdluaDle dSSel. ASSunIllS Indl the supreme court will take the com.
 pany's franchise away from it. the only
 thing which would have to paid for ther
 in condemnation proceedings. 1t is argued
 would be the actual physical propertie! | of the company
 l The statute provides that the suprem,
 court may either reverse the case, affirm
 it or make the actual decision the tria | judge should have made in case it i. 1 dapi6p6 hn | Ia ct trat ,eyIxy bolt ra, by the city counsel in the case tha | the supreme court will not only decide Judge Crow erred in his decision, bu | instead of reversing the case and re
 mandng for another trial, it will render
 the actual decision the trial court should
 have rendered and the case therefor, | will be at an end
 Two Courses Are Open 1 That the city will adopt condemnation l proceedings if the supreme court decide | in it's favor, however, is not settled. Ther | ere, 1t seems two courses. One would b. | condemnation proceedings resulting fl | municipal ownership of the waterWorks 1 the other would be to enter into new ne
 gotiations with the company to grant i | a new franchise and dictate such wate ] rates as officials claim are in force ii other cities. Before the company woul,
 be granted a new franchise, it is stated I such contract would be entered into a | to give the city government ample powe l to regulate rates at all times in the flu ture.
 Commissioner Weatherly, who has di
 rected the waterworks fight, is out of tn city. He will return Tuesday. It is prob able he will then issue statement O the citys plans for the future in the con | troversy. Those here outlined, however
 from all indications are about what tn city purposes to do.
 The commissioners, 1t is understood d
 not assume that because the people an
 nulled ordinance SIC they are in favo of paying the higher water bills whic
 will result in the next several months
 But in view of the fact that relief
 promised by the supreme court decisio
 and that the people turned down SIC be
 cause of the long term contract connecte
 with the lower rates, they believe ths
 the higher rates of the next few month
 will be paid with the conviction that the
 are only incident to complete relief in til future.