The Birmingham age-herald., 1914-06-28
WEATHERLY SEES VICTORY DESPITE CROWS DECISION Is Confident of Reversal by Supreme COurt-BOyd
 Issues Formal
 Statement

The gloom of defeat by no means hangs verse decision by Judge E c. Crow in the waterworks case yesterday. Commis- sioner Weatherly stated that he felt as If substantial victory against the com pany had been won and that he felt al- most sure of reversal of Judge Crows decision by the state supreme court.
 The case was appealed and will be docketed by the supreme court in October As 1t Is preferred case. City Attorney Boyd expects a decision by the end of the year Commissioner Weatherly. how ever, states that in his estimation a de- cision from the supreme court may not be secured so soon
 Much comment among city officials was caused by the court assessing the costs of the case against the waterworks company, although he gave them the benefit of the decision. It is stated that this may have very important bearing on the future of the case. The costs in the cases, 1t Is estimated will exceed S2oOo. Commissioner Weatherly stood per- sonally responsible for the city's share
 
 dueted in his name and under his super vision, If he had lost. however. some provision probably would have boen made by which the city would have reimbursed him for the costs
 Boyd Issues Statement
 Following the rendering of Judge Crows decision. City Attorney Romaine Boyd prepared the following statement of the stuation:
 The typewriter evidence shows beyond dispute that prior to filing this suit in January, 1913, that following ordinary hard rains about 100 dry closets at Inglenook, near Boyles, drained Into the water company's open canal which supplied the water to the reservoir in North Birmingham and also that on infrequent occasions the carcasses of dogs. chickens and pigs were found in the canal and that ne gro boys bathed therein
 "The water company contended that the impurities were removed by filtra- tion at the reservoir but the records of the company's own bacteriologist proved that bacillus coli from human intestines was very frequently present in large numbers In the filtered wa on the Northside and the official health records showed. following covering or piping of the canal. that the number of typhoid fever cases on the North side immediately fell off 56 per cent, or more than half, thereby saving an ndeterminable number Of lives of cit- izens.
 Shortly after the suit was filed. In January. 1913, the case went to trial, and the judge sustained the water companys demurrers. thereby neces- sitating an appeal to the supreme court which reversed / most of the judges rulings on the law and sent the case back for trail on the facts.
 Tn the meantime. however. the wa ter company got busy and covered or piped its open canal and when the case finally got to trial on the facts the circuit judge held that having rem edied the appalling conditions when the suit was filed, the water company should be excused from past neglect and delinquencies
 Ultimate Purpose of Suit
 'It. therefore. appears that if such can be the law, the judges erroneous ruling in favor of the water company in the first trial delayed the case long enough for the water company to cover the open canal before the trial on the facts.
 .sThe ultimate purpose of this litiga- ton was to insure better water for the citizens of Birmingham, and secure civil treatment by the water company of its uninfuentia patrons, and, incidentally, to obtain fair water rates fin place of the high rates 1t has been exacting under the old franchise.
 ''The suit has already largely accom- plished it's two main purposes. but if we should fail to again reverse the judges ruling, there Is but little hope for relief for sometime to come from the wicked charges of the water company which are expressing the poorer classes and consti- tute material obstacle to the growth and welfare of the city in general
 'rhe city may decline to pay any more water bills pending a consideration of this matter. and many private citizens may do likewise"