The Birmingham age-herald., 1914-07-04

validity of ordinance 97-C could be finally assed upon by the courts of Alabama
 In the suit recently instituted in the name of the state of Alabama. at the re- latlon of James Weatherly an effort was made to forfeit the charter of the Birmingham Waterworks company, among other grounds, because it had sought to preserve it's rights under ordinance No. N-C, by charging in accordance with that ordinance until the matter had been passed upon by the courts, although its charges in accordance with ordinance No. 97-C had resulted in loss of revenue to the water company, and In saving to the city and citizens of Birmingham of approximately s100,0 year. Judge Crow, judge of the circuit court in passing upon the case. decided that the Birmingham Waterworks company had not been guilty of conduct which justified the forfeiture of its franchise That it had furnished water which had been treated in accordance with the most scientific modern methods and that 1t had provided a supply ade- quate for the needs of the people of Bir- mingham for long period to come.
 Judge Crow held that the Birming ham Waterworks company had not will fully and deliberately charged the peo- pie of Birmingham more than 1t had a right to charge, but he further held that ordinance No. 97-C was properly subject to a referendum election and was annulled by the referendum cleo tion which was held thereon. and de- cree was rendered that on and after June 30, 1914 the Birmingham Water works company should charge its con- sumers of water for domestic purposes fin old Birmingham on the fiat basis named in the contract of 1888 instead of according to the meter basis named a-- n sa loo ham Waterworks company respectfully and cheerfully acquiesces in the cor rectness of Judge Crows decision. The charges of the water company are not dictated by 1t. They are not fixed ar bitrarily, caprfcfously or tyranically. They are prescribed by contracts care fully drawn between the city and those municipalities which 1t has absorbed and the water company. As the contract embraced in ordinance 97-C has been declared null and void. the old con tracts which 1t sought to modify re- main in full force and effect. The Bir- min gham Waterworks company has no alternative. It is compelled to charge it's consumers on and after July |, 1914, In accordance with the contracts which were in force at tine time of the adoption of ordinance 97-C. On and after July 1, 1914. water for dwellings in old Birmingham will be charged for at the fiat rates named in the contract of 1888. Bills will no longer be ren- dered for water for dwellings in old Birmingham on meter basis. All water furnished in old Birmingham will be furnished and charged for in acordance with the contract of 1888. All water furnished in East Lake Woodlawn. Avondale. Eyton. Graymont. North Haven. West End, Pratt City, Ensley and Wylam on and after July 1. 1914, will be charged for in accordance Rith the contracts existing between these municipalities and the water company prior to ordinance No. 97-C. To all of It's consumers of water in old Bir- mingham who have been charged since the passage of ordinance 97-C more than they would have paid on flat basis, the Birmingham waterworks company desires to say that as quickly as possible calculation will be made to ascertain the difference in favor of the consumer, and payment will be made accordingly.
 To those consumers who have been ben efited as the result of being charged on a meter basis less than they would have been charged on the flat basis stipulated in the contract of 1888. and who have found that arrangement satisfactory. the
 Birmingham Waterworks company de- sires to express It's regret that under the decision of the courts 1t cannot con- tinuc an arrangement which 1t believes to be best for the consumer and best for the water company. namely. payment