The Birmingham age-herald., 1914-07-09
ASKS Is TT HONEST TO ADVISE PEOPLE
 TO REFUSE TO PAY
"The Company Believes MT. Weather ly's Language to Be Incorporate, His Position to Be Unwise and His Advise to Be Unsound,"
 Says Statement

X Burr, issued a statement last night in which it asks whether it is an act of honesty for water consumers to obtain water and then follow the advice Of MT. Weatherly and refuse to pay for the water. The statement bristles with sug- gestions that MT. Weatherly having lost the water litigation in all courts is pur- suing just at this juncture a course which Is not wise or just.
 'Is it honest or fair or decent for an official of the city to advise the people of Birmingham to refuse to live up to the contracts made for them by the city government?" asks the statement. II is further stated that MT. Weatherly "ad- vises the people to pursue policy of vir- tual repudiation, and continues; The company believes Mir. Weatherly's lan- guage to be incorporate. his position to be unwse, his advice to be unsound
 The statement, which goes into details in connection with the present contro- versy, is as follows:
 Statement By Company
 MT. James Weatherly. a member of the city commission, in a statement pub lshed in yesterdays Age-Herald, Is quoted as saying that the water com pany is holding Judge Crow up as a sub- terfuge behind which they are going to attempt to force an extortionate water rate upon the people of Birmingham.
 "Mr. Weatherly admits in his statement that Judge Crow in his decision held that the referendum election was valid and that therefore the water company could not legally charge consumers in old Bir- mingham for water used in dwellings in accordance with the meter rates estab- lished in ordinance 97-C, but must charge hA hpcte nf HDf rates. MT. Weatherly says, however, thai while under Judge Crows decision the water company can no longer charge foI water furnished for dwellings on meter basis according to ordinance g-C, that il was not ordered by the circuit court to return to the flat rates named In the con- tract of 1888, but could if 1t wished estab- fish flat rates lower than those named in it's contract with the city, and as much lower as it pleased.
 MT. Weatherly assumes the responsi- bility of personally advising every one of the 30OO0 water consumers of Greater Bir- mingham to decline to pay the bills ad- vislng them that if the water company cuts off the water following their refusal to pay in accordance with the old con- tracts, that they then pay their bills and sue the company for damages. He says the company will be in pretty fix with about 30,000 damage suits on their hands at one time He further says The waterworks company cannot ride higf horse around me. I will not enter into any request that they magnanmously take pity on us to get us out of the hole which they say we have worked our. selves into. They needn't hold up their fat rates on my account. Their proposi- ton Is preposterous and they cannot af- ford to come out and fight on It.
 'Neither the Birmingham Water com pany nor It's counsel have any desire to try it's law suits In the newspapers! al though in that forum some lawyers achieve their most notable victories. The water company and its counsel have, however, implicit faith in the wisdom justice and sense of fair play of the peo- pie of Birmingham. It would have as much confidence in the verdict Of this community on any question affecting the water company or any other corporation or individual as it would have in the judgment of a court. provided ths com munity was as fully informed as to the facts.
 Appeal to Citizens
 "The people of Birmingham will not Dc guilty of an intentional injustice to tho Birmingham Water company or to anyone else even in matter in which the com munity has selfish interest. The BIT mingham Waterworts company, as 3 or -diibccSt aPPe'AS eN each of its customers in the city of Bir- mingham to inform himself as fully as possible with reference to the facts in volved and to weigh them calmly ano fairly before placing the stamp or shis oisapproval upon the attitude of the Bir- mingham Waterworks company in the pr esent controversy and before deciding to follow the startling advice given by MT Weatherly.
 Htipat tipn affP efinR the water com pany is not of it's seeking. In the litiga- ton fathered by MT. Weatherly the courts have so far decided with the Birmingham Waterworks company, but notwithstand- ing the decisions in it's favor the watei company is profoundly desirious of do- ing everything in its power to deserve the friendship and good will of the people of Birmingham. What Is the present sit uation with reference to the relations be- tween the water company and its consum- CTS? What ought the water company to do in view of this situation? What ought It's consumers to do? What ought the city to do?
 Tn 1912 an agreement was entered into between the water company and the city wlich was embodied in ordinance known as 97-C. That contract did not ex- tend in any particular any of the exist ing contracts between the water com pany on the one hand and the city oi Birmingham and the suburban municipal tiles which 1t had absorbed on the other Ordinance SIC provided for cheaper firt hydrants to the city, for cheaper watei to the city and for cheaper water to con sumers both in old Birmingham and il the annexed suburbs.
 Tn Judge Crows recent decision 1t was held that ordinance yI-C was subject to a referendum election, that it was an pulled by the referendum election whicf .l.r... kT..t rlr company was ordered to discontinue charging it's consumers of water used 1T dwellings in old Birmingham upon meter basis. What was the legal effect of this decision? Ordinance SIC, which modified the old contracts being declared to be void, the old contracts as they ex- isted before the adoption of G-C at once became effective The Birmingham Waterworks company's contract right tt charge for water for dwellings in Bir- mipgham following Judge Crows de cision was the right to charge in accord ance with contracts which existed at the time ordinance 97-C was adopted. It coulc no longer charge It's consumers of watei used in dwellings in old Birmingham 1T accordance with the meter basis provided this decision to charge it's consumers 1T old Birmingham upon the basis of hat rates. Its contract with the city of Bir- mingham, made fin 1888, stipulated the fla rates to be charged. There appeared tC be nothing for the Birmingham Water works company to do but to make out 1t.