The Birmingham age-herald., 1915-02-23
NEW WATERWORKS CONTRACT ACCEPTED BY COMMISSIONERS
 LATE IN AFTERNOON
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(Continued from Page Five)
 agrees to dismiss the Weatherly and Han kins suits now pending in the courts against the corporate life of the water works company
 Of course the contract goes into detail
 in regard to all of these matters and the full text of the agreement, published in this mornings Age-Herald for the first time since the negotiations began, will give these particulars.
 A secondary agreement was entered into between the water company and the city by which an umpire is to be appointed to settle by arbitration the correctness of unpaid water bills now in dispute and rendered between June 30, 1914, and December 31, 1914
 This umpire is to give notice by pub
 lie statements printed in the newspape for five days after the water contract
 is signed, of his purpose and for 15 days after that all persons having disputes over bills will have the right to present to him written statement of their side of the case The umpire will then do the rest.
 Jelks Cabaniss to Be Umpire
 This umpire isA to be Jelks Cabanss, formerly city recorder, -end one of the cty's best knownSyoung attorneys.
 While no statement has been made 1t is generally understood that the water company will show a disposition to set tlc amcably all disputed bills after being passed upon by this umpire.
 The past history of the waterworks con tIoversy needs no repeating. The public in general is familiar with the numer- ous suits that have been filed and con tested in the courts between the city ana the company. of settlements that have been proposed and not agreed to- of the referendum election on ordinance SIC, which was a water rate ordinance of the companys recent enforcement of higher rates than have been in use for sometime on the grounds that it was compelled to do so by the court decisions. the election last fall in which the people by a great majority voted In favor of municipal bond issue to build sepa- rate municipal waterworks and then few weeks ago of the offer of the water works company to compromise, since which negotiations have been under way by means of conferences held at the city hall several times week between the water officials and the commissioners
 The water company officials and the commissioners met yesterday morning at 1G o'clock and were in session until near ly ? o'clock in the afternoon. during which time they agreed to several addi- tional changes in phraseology and text of some parts of the contract. There were present President A. M. Lynn, Supt. IT. IT. Horner and Counsel Walker Percy of the waterworks company; the three commissioners, City Attorney Boyd ami City Engineer Julian Hendricks.
 The clause regarding elements of value to be considered by the board of ap- praisers was finally reinsertel in the contract after having been stricken but several days ago. There was consider able discussion over the going concern phrase again. The plan for the umpire to arbitrate disputed bills was worked out. clauses giving the appraisers the right to see the books and documents of the company. were inserted. and a dozen or more minor changes made The amended contract was then sent again to the printer and, completed, was returned at 4:30 o'clock. The commission immediately went into session and passed formal ordinance which merely set out that the contract offered by the water company was accepted. The roll call on the ordinance occurred at 5:15 o'clock in the presence of the waterworks or ficials and newspaper men.
 Contract Reprinted IS Times
 President Lynn expects to leave the city today for vacation he salo last night The original contract as sub mitted by the waterworks company sev- eral weeks ago was amended ana re- printed IS times before it was finally agreed to yesterday.
 The aereement regarding the umpire to settle disputed bills Is as follows: s''ro the Board of Commissioners of the City of Birmingham, City.
 "Gentlemen: The water company does hereby agree, if the proposition sub mitted by it to the board of comms- sioners of the city of Birmingham dated February P. 1915, shall be accepted by said commissioners on or before Feb ruary 22, 1915, and if there shall be no referendum election on said proposition as accepted, or if said proposition as ac- cepted shall be approved in referen- dunn election, if held-to submit to ar bitration the correctness of unpaid water bills lin dispute rendered by 1t between June 90. 1914, and December 31, 1914. and bills rendered in that time that have l been prior to. this time paid under writ ten protest. upon the following terms and conditions:
 arbitrator.
 "2 The compsnsstion of the arbltrator