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

tuillNdllbli N0tNhS lii6 tNdpOidl1On Ol moisture from the soil and also causes the soil moisture to rise to the point when it can be most easily utilized by the roots of the growing plants
 If the surface of the soil Is kept well cultivated, the rain water will also be more easily taken into the soil and stored up.
 The beneficial system of shallow sur face cultivation depends largely upon the principals of capillary attraction
 After the soil has been plowed, in a few
 
 Weatherly still asserts that the water company's contract of 1888 is worthless and invalid: that he will take this ques- tion to the supreme court of the United States and that an appeal will be taken in the quo warraato case from Judge Crows decision to the supreme court of the state. Mr. Weatherly announces that pending the final decision of these law suits he will enter into no agreement, however fair and reasonable, rearranging, during the terms of the water company s contracts the rates named therein on a basis satisfactory to the people of Bir- mingham While MT. Weatherly is deter mined on the annullment of the water company's franchise and is unwilling to make any friendly settlement, regardless
 
 he demands that the water company on its part, while this litigation is proceed ing, shall make a voluntary reduction in it's rates amounting to more than a hundred thousand dollars a year He says it will be Shylokian for the water company to charge the city and the peo- pie of Birmingham what it is expressly authorized to charge by it's written con tracts with the city of Birmingham dur ing the period which must elapse before the pending litigation is decided. He calls upon 30000 consumers of water in Bir- mingham to refuse to pay their lawful bills. He advocates an open policy of repudiation.
 Seeks to Incite Strife
 'He seeks to incite bitter strife and endless litigation by advising these 0O0O consumers of water to join in harrassing the water company with 30 1000 unjust and unwarranted lawsuits. He threatens if the water company does not abjectly sur render to his demands, to offer ordinances for the express purpose of embarra ssing the water company by forcing it to ex- pensive and unnecessary improvements Not satisfied with the lawsuits already brought, l learn that under orders from MT. Neatherly the city attorneys staff are busily engaged in the preparation of additional lawsuits
 MT. Weatherly's policy seems clear He refuses to consider the decisions of the state and federal courts. He ignores the water companys written contracts. He is unwilling to achieve immediate lower rates for the people of Birmingham by any peaceful settlement which would hamper his programme of destructive lit- igation.
 "I learn from the papers that while Commissioner Ward is of opinion that the city and individual consumers should pay their lawful bills. he agrees with Mr Weathefly in believing that it is to the interest of the people of Birmingham that the pending litigation seeking the annulment of the water company's fran chise should be fought to final conclu- sion. The water company's contract with old Birmingham has but a few years to run. The litigation proposed by Mr. .Weatherly might not be concluded before the expiration of that contract. Never theless Mir. Ward thinks that no friendly and complete settlement should be made between the water company the city which would end the pending litiga ton MT Ward states that the water company has magnificent plant. He believes that the water which it is furnishing Is pure He states that the rates named in ordi- nance 9l-C were apparently satisfactory to the people of Birmingham, but he be- lieves the litigation having been once be- gun looking to the annullment of the water company's franchise, that that lit- igation should be fought to a finish. In the meantime, however, in the interest O. peace and harmony he thinks that the water company should make voluntary concession from the rates named in it's contracts of more than s1O000o year. Judge Lanes Attitude
 As l understand Judge Lanes position. he believes that the fair and correct eco homie basis for the sale of water in Bir- mngham is the meter basis. That if a contract can now be made between the water company and the city which will immediately give reasonable and satis- factory rates to the people of Birming- | ham, then it is his opinion that such an arrangement should be entered into, al l though it involved the discontinuance ol | all pending lawsuits. It seems to be | Judge Lanes opinion that what the peo. 1 pie of Birmingham want is pure water al reasonable price; that the contract and l property rights of the Birmingham | WaterworlIs company should not pe ig nored or confiscated, and that an honor able and fair settlement is far better thar | protracted strife and uncertain litga | tion.
 | Assuming that have correctly state, | the positions of the members of the Bir | mingham commission upon the question l HlNOItu, let Hit Stdte. as DTlelly as tn subject will permit. the attitude of tn l Birmingham Waterworks company. Tn 1912 in response to the sugges tions of the city commission that tn contracts of the Birmingham Water works company should be re-arrange and so modified as to be more satisfac tory to the people of Birmingham. ne gotiations were entered into betwee myself and the members of the com mission which finally resulted in tn adoption of the contract subsequentl embraced in an ordinance known a | 97-C. In this modified conAract tn water company agreed, CD to reduc the flat rates in old Birminghalu; e to reduce the meter rates and minimum l water company agreed: CD to reduc { the meter rates in old Birmin gham; ti ] to reduce the fire hydrant rates to tn 3 city t5) to reduce the price to b charged the city for other water. an (6) to reduce the meter rents in a Greater Birmingham. In considerable of these concessions on the part f the water company it was agreed: q I that this contract should settle a pending questions between the city an the water company during the terl M t,.4 x.t. / ~l--