The Birmingham age-herald., 1914-11-21
Windham Will Test Legality
 of Waterworks' Contract With Graymont
BILL WAS RENDERED
 ON A METER BASIS {
Claims It Should Have Been Made on Flat Rate-Question of Rates
 Is the Only One at Issue

Another petition for a temporary injunc- ton against the Birmingham Waterworlss company was filed in the city court yes terday by T. c. windham of Graymont. having for it's purpose the testing of the question of the legality of the contract made between the city of Graymont and the waterworks company in reference to water rates. Attorneys for the complain ant and defendant company signed an agreement that the only question between the parties is as to the rate or basis which should be applied in the determin- Ing of the payment of water for the quar- ter ending October 1. 1914.
 Judge John II. Miller. to whom the pc tition was referred, granted the injunc- ton upon the defendant making bond in the sum of $50 and issued an order re strainlng the waterworlSs company from disseminating water service to the com piainant pending the final hearing of the cause.
 Complainant alleges that at the time of its incorporation several years ago the town of Graymont entered into a contract with the Birmingham Waterworks com pany to furnish water at a specified rate and that the contract ts still in full force and effect He alleges that he entered into contract with the company to fur nish water at an annual Hat rate. inciud- ing sprinkllng, of s3i.50.
 He alleges that the company for the quarter ending October 1, 1914 rendered him a bill based on meter rates at 90 cents per thousand and presented bill for si6.95 for the above quarter. which he contends Is Illegal as under the original flat rate the bill would have only been $s.621s for the same period.
 Complainant asks that the company be apin frar inn t4 service pending the hearing of this cause because Of nonpayment of water bill and asks that a mandatory injunction be is- sued at the final hearing requiring the company to accept payment of ss.6s in payment of water bill for the quarter ending october l, 1914.
 Agreement Between Parties
 The agreement between the parties fol- lows:
 Tt is hereby agreed between the partie, hereto that the bill and answer in this cause correctly state the facts relating to the question in controversy. and that the only question between the parties Is as to the rate or basis which should be applied in determining the payment to be made by complainant for the water furnished to his residence by defendant during the quarter ending October 1, 1914
 Whitaker & Nesbit, attorneys for com
 plainant.
 Percy. Benners & Burr. attorneys for
 defendant"
 Decree of Judge Miller was follows:
 ''It is therefore ordered. adjudsed and decreed that upon the execution of bond In the sum of $50, to be approved by the clerk and register conditioned as required by law. an injunction issued as prayed for in said bill enjoinng and restraining the Birmingham Waterworks company. it's agents and employees, from cutting off or discontinuing water service to the residence of complainant in the suburb of Gravmont, in the city of Birmingham. pending the final hearing of this cause and all other matters in this cause are re- served until the final hearing.
 Done this 20th day of November 1914
 JOHN Fl. MILLER. Judge of the City Court of Birmingham