The Birmingham age-herald., 1914-08-22
SECOND NOTICE ID WATER CONSUMERS SENT BY COMPANY Declares All Efforts to Settle Controversy Amicably
 Have Failed BILLS MADE OUT IN ACCORDANCE TO LAW Ward and Lane Quoted As Saying Shat People Should Pay Bills.
 Offer to Refund If Future
 Decision Is Adversed

A second notice to the water con- sumers of Birmingham has been issued by the Birmingham Waterworks com pany That the water bills heretofore rendered were made out in accordance With state and federal court decisions that If the future demonstrates any err TOTS refunds will be made and that the company believes its consumers want to pay their just debts. are among the points in the letter
 The company says that all efforts of the water company amicably to adjust the litigation affecting the rates were repulsed by the city officials and that as there was no immediate hope for an amicable agreement the bills had been complied
 The company officials have made no statement about the situation, but it is generally understood that the pay ment of water bills has been greater than the previous quarterly average.
 Statement By Company
 The statement follows:
 Some of our customers have failed to pay their bills because of absence from the city, inattention or other ordi- nary causes. Some doubtless, have delayed payment of this quarters bills because of the existing litigation insti- tuted by the city against the water company, and because of the uncertain ty as to whether there would be an immediate friendly settlement and re- establishment of the rates which have prevailed for the past two years There has been protracted discussion in the daily papers of the water situation and of the action of the water company in reinstating flat rates in old Birming ham in obedience to the recent decision of the circuit court You, doubtless, know that for the past two years the water company has charged for all Wa ter furnished in Greater Birmingham in accordance with the rates named in ordinance 97-C. You, doubtless, know that this ordinance has been declared invalid by both the state and federal courts in recent litigation. You. doubt less, know that ordinance 97-c, which modified the old contracts having been declared invalid, the old contracts and the rates named in them are thereby restored. You, doubtless, know that the water company has earnestly sought to arrive at friendly settle ment with the city commissioners look ing to a restoration of the low rates named in ordinance 97-C and a dis continuance of pending litigation. We will not extend this letter so as to review the entire situation. We are fenclosing herewith a short pamphlet which contains, first. the water com pany's last proposition to the city, sec ond, a statement from Percy, Benners and Burr attorneys as to the lawful ness of the water companys bill. and, third, a review of the entire water con troversy, which we believe to be fair and correct.
 We would be delighted to have you fully acquaint yourself with reference to this controversy. In the meantime the water company's operating expenses and interest charges are going on It must pay its bills and it must respectfully urge you to pay yours. Your bill IS made out in accordance with our contract, in &C., cordance with the decisions of the state and federal courts, and under the advice or our attorneys. We are confident of your desire to pay your just debts, and we trust that the water you are receiving and the service which we are giving are entirely satisfactory.
 If you do not understand your bill our employees will be only too glad to explain it. If we have erred in any detail, they will be only too glad to correct it. If you have any doubt about the correctness of the legal theory upon which the bill is made up, we would say that should 1t at any time hereafter be decided by the cocrts of this state that voc. or any other patron of the water company, have been charged upon an incorrect basis, we will cheerfully and promptly refund any amounts improperly collected.
 Quotes the Commissioners
 Tt seems certain at this time that no settlement can be made with the city whereby encouragement of the water company's contracts can be had; but should any settlement be made during kl.> f-1. current rates the water company will give you the benefit of any such arrangement
 ''Commissionar Ward has, in recent in- terview, advised the consumers of water to pay their bills during the prosecution of the pending litigation, using the follow ing language
 ''" The city and the people should pay their water bills just as they should pay any other bills. The bills rendered in accordance with Judge Crows decision should be paid until the supreme court has settled the case. Should the decision come our way, the people will reap the benefit anyway, and l do not agree with the opinion that the bills of the Birming- ham Waterworks company should not be paid
 ''Commissioner Lane has expressed his opinion that the water company's con tracts are valid and its cnarges lawful, and that they should be paid by both the citizens and municipality until such time as the supreme court shall have acted upon the matter. Judge Lane recently gave out the following interview upon this subject: In my opinion, the old contracts are | now in force, if Judge Crow is correct in his judgment, and l believe. therefore. l that it Is the duty of citizens and the l municipality to pay their water rents un- til such time as the supreme court shall have acted upon this matter. Of course !! action upon this question: after such de- 1 cision. will depend upon the opinion of the supreme court. I stil have hopes | of an amicable adjustment of these mat 1; ters
 Inasmuch as all negotiations for set | tlenlent of the waterworks controversy | are now at an end, the water company must ask of it's consumers that their | bills for the current quarter be paid as | speedily as possible
 Your prompt attention will oblige, ''very truly yours,
 1.-THE BIRMINGHAM w-ATERwORKS z COMPANY.
 "By H. H. HORNER. Superintendent. |
 Negro Shot By White Man