The Birmingham age-herald., 1914-07-01
WATERWORKS ISSUE MAY REACH CRISIS WITHIN DAY OR TWO
Company May Decide to Put in Flat Rates in Accord With Judge Crows
 Decision

Within the next day or two there are Some interesting developments expected in the pending controversy between the city and the Birmingham Waterworks company. Exactly what is going to occur is not known as city officials concerned with the matter decline to discuss the subject.
 It is generally believed. however, that the waterworks company, beginning to- day, July 1. will attempt to put into force the fiat water rates in accordance with the court ruling made last week by Judge E. c. Crow. If they don't do this they will be in contempt of court, it is said. If they do do 1t, 1t is generally believed the city commissioners will issue a pub lie statement advising every citizen in Bir- mingham to refuse to pay his water rent.
 A long conference was held yesterday afternoon. between City Commissioner James Weatherly, City Attorney Boyd and Assistant City Attorney NJ. M. Ullman. These are the two attorneys who have been conducting the waterworks suit un- der Commissioner Weatherly's direction. All three declined to talk after the con ference in regard to probable develop ments of the near future.
 We did discuss the waterworks case, said one of the attorneys, and one of the things we discussed was the appeal. We have no doubt whatever of securing a re- versal of Judge Crows decision. On one account alone we can do this. the statute stating in plain English that the costs of a suit must always be assessed against the losing side. Judge Crow decided against the city but charged the costs to the waterworks company" He declined to talk of the other phases of the case.
 The city officials. it is known, contend that aside from the question of whether Judge Crow was right or wrong on the points of law, he had no right or authority whatever to pass on the question of meter or flat rates. They contend this ques- tion was not involved in the suit, and that the court has no reason whatever to specify in his decision that after July 1. 1914, the waterworks company should charge on a flat rate basis.
 It has been learned that Walker Percy. counsel for the waterworks company has objected strenuously against the interview in Sundays Age Herald of City Attorney Boyd, in which he publicly stated that the city might refuse to pay water rents while this case is pending and that the public might" do the same thing MT. Boyd however, bases this contention on the allegation that the waterworks com pany owes the city some s54.000 license fees, from which the company has claimed exemption under section &C., F of the revenue bill. This section has been declared illegal by some of the courts, however, and Mir. Boyd declares it is due and that the city need not pay any bills to the waterworks company until the waterworks company pays its bills to the city.
 Many calls from private citizens have been received at the city hall in the past few days asking about water rents, and it seems probable that many will decline to pay their bills until the present case Is settled. There are sew eral things which are considered likely to precipitate a crisis within the next week
 One man asked yesterday what would happen if several thousand con sumers refused to pay. their water bills and the company cut off the water A city official answered him by stating that in such a case there was a pro- cess in law to throw the company into the hands of a receiver and operate il by the city.
 The waterworks company has re- Quested the city to put meter cn the big electric street fiusher which the city recently purchased. The water for this machine is taken out of the fire hydrants The commissioner, agreed to place the meter on the husner.