The Birmingham age-herald., 1914-11-07
Quo WarrantO Proceedings Filed in City Court by
 William D. Hankins
HEARING IS SET
 FOR NOVEMBER 16
Petition Is Referred to Judge Charles w. Ferguson-Relator Claims Con- pany Has Violated Charter by
 Rendering Incorrect Bills

Seeking to have the charter of the Birmingham Waterworks company for feited for alleged abuse of it's charter powers, w. k. Hankins, president of the Central Protective association, filed quo warranto proceedings in the city court yesterday The petition was referred to Judge Charles W. Ferguson. who set the hearing for Monday. November 1s. The style of the bill is the state of Alabama ex rel William D. Hankins and William D. HanIdns, plaintiffs, vs. Bir- mingham Waterworks company, defend- ant
 The present action differs from litiga- ton pending in the supreme court which was heard before Judge E. c. Crow of the circuit court, in that it seeks the annulment of the charter on the alleged grounds of overcharging consumers for water supplied; that it has rendered. it's consumers bills based on meter meas urements where the meters were incor- rectly read or not read at all and that it has wrongfully charged consumers m suburbs on meter rates. The action be- fore Judge Crow alleged abrogations of it's contract by failure to supply whole some water and other alleged failures to comply with the contract of 1888.
 Outcome of Meeting Wednesday
 The quo warranto proceedings filed yes- terday is the outcome of the meeting of the Central Protective association held at the city hall Wednesday night at which representatives of the different sections of the city were present and the excess water rates discussed. Dr. Hanlins, president of the association, was authorized to confer with Captain Boyd and to take such action as the sit uation demanded. In bringing the suit in his name he is acting for the asso- citation.
 The petitioner relates that he Is a citizen of the city of Birmingham; that the defendant company was chartered by act of the general assembly of Ala bama on February 13, 1885, conferring upon it certain corporate powers, in- cluding that of supplying the city or Bir- mingham with water The acts and omissions complained of in the bill are as follows:
 Il. That at various times during the present year defendant has wilfully and consistently overcharged many of its wa ter consumers in said city for water sup plled under It's said franchise.
 "2. That at various times during the present year defendant has wiifuly and persistently rendered water bills to many of it's private consumers in said city, based on meter measurements in cases where the meters were either incorrectly read or were not read at all, and in which said bills the amount of water supplied was not truly stated
 "3. That for IS months next prior to ha- Of aot mi Ia has had its said water meters read at irregular periods, and from time to time during said IS months wilfully and per- sistently rendered erroneous and excess sive water bills to many of its said cus- toners based on such irregular meter readings.
 A. That at various times during the present year defendant has wilfully and 'persistently charged its private con sumers in said absorbed suburbs in said city at meter rates for a less consump- tion of water than either 1000 gallons daily or 3O;000 gallons monthly
 -'s Prayer of Relator
 The prayer is as follows: Plaintiff prays that the said Birmingham Water works company be made a party de- fenGant to the proceedings by appro- priate process and that writ of quo warranto or other appropriate writ Do directed to Birmingham Waterworks company commanding 1t to appear be- fore the court in the time prescribed by law and to show by what right or rights or authority, if any it can, it is holding and exercising said rights, franchise and prviilege; and that upon a final hear ing of this cause your honor will ad- judge and declare that the defendant has by reason of. said matters and things heretofore complained of, or by reason of any sufficient mart thereof forfeited it's said rights, privileges and franchises and that judgment be rendered exclud- ing said defendant from said rights, priv iieges and franchises and dissolve said defendant corporation.
 And plaintiff prays for such other further and general relief as the nature of the case demands or warrants and as to your honor may seem right in the premises WILLIAM D. HAWKINS,
 'Relator.
 'Romaine Boyd and M. M Ullman, at- torneys for plaintiff