The Birmingham age-herald., 1914-07-12
FIRST STATEMENT FROM WARD ON
 WATER QUESTION Takes Practically Same P0- sitiOn in Matter as Does
 Mir. Weatherly
FAVORS TRUCE" IF
 TT CAN BE ARRANGED
Reviews Past Litigation With Water works Company and Says Corpora ton Is Making Mistake in Attempt
 to Enforce Higher Rates

Agreeing with City Commissioner James Weatherly that the suit against the waterworks company should by no means be dropped now, President George Ward of the city commission yesterday afternoon issued his first statement on the waterworks contro- versy.
 MT. Ward advises and Is working in the interest of truce" with the wa : terworks company, by means of which the city will concede nothing, but tho waterworks company will recall it's an nounced high flat rates and for pe- riod of two or three years during which time the litigation will be threshed out, the rates of ordinance 97-C which have been the rates in use 1 for the past two years will be in force
 MT. Ward maintains that in keeping in force these rates the waterworks company will not be acting in viola tion of Judge E. c. Crows decree.
 In his statement Mir Ward practi- cally takes a position alongside of Commissioner Weatherly, who has been the commissioner in charge of the wa terworks litigation for the past two years except that in place of Mir Weatherlys advice to the consumeIs to pay their water bills only under protest he advises the so-called truce" He reviews past litigation with the wa terworks company, says the water company Is making mistake in charg- ing the high rates, that these high rates are not necessary nor required, a nd cfa that m ia ri for final settlement by a fight to the finish of waterworks regulation in the city of Birmingham.
 Wards Formal Statement
 Ills formal statement follows:
 Under no circumstances would I be willing to drop the suit against the waterworks company. which is now in the supreme court. The city went into the suit in good faith and made out strong case. If the decision Is made in the city's favor 1t will bring about settlement of the water question for all time.
 "The city has simply met a tempor- ary reverse. but many a case lost in lower courts has been won afterward in the higher courts.
 Several times in past years proceed ings in the city council have been stsrted with the object of forfeiting the waterworks franchise, but through trades and agreements those proceed ings never got anywhere near the su- preme court.
 Tn the meantime. that Is while the lawsuits are being tried. I am in fa- vor of a working truce between .ns city and the water company. Such truce would save the apparently satis- factory rates recently in force. at least until the litigation Is ended.
 "I have suggested to the commission and to the water company that truce of two or three years be arranged, and the rates of 97-C be reinstated with the understanding that those suits be not interfered with.
 "It is believed by lawyers that Judge Crows ruling as to rates pre- sents no insurmountable obstacle Even If his ruling had the effect the water company claims. the proper ordinances could be prepared and passed by the commission to protect the water com pany against violation thereof in charging meter rates
 This truce of two or three years would give ample time for .he lawsuits to be continued through their various appeals. No matter which side loses in the supreme court. that party Is going to some higher court or get the case retried in the lower courts.
 Tn the meantime, the mass of con summers would not be harrassed by the different rates now being shifted in and out.
 My information Is the company has br cached its contract many times in the past by failure to carry out its obliga- tions. Every city attorney for the past % years has male this statement. and has been more or less anxious to attack the franchise. Each time, however, at the critical time the company would proceed with some improvement that would rem edy the particular difficulty under con troversy.
 Built Up Plant Under Pressure
 Tn each case the citys settlement out os court had the effect of condoning all ps st derilections For example. the filtra tion plant. the high pressure service on Red mountain. the application of hypo- cltrites in 1912, the incosng of Five Mile creek canal were all put in after much controversy.
 "Mr. Percy states that pipe was laid along the Five Mile creek canal in readi-
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