The Birmingham age-herald., 1915-08-19
Measure Does Not Repre- sent Controversy Between
 Company and City
HAS NO BEARING ON
 PRESENT CONTRACT
Would Not Become Effective Until After Contract Expires-Measure Looks to Future and Gives the
 City Power to Operate Plant

 mngham was due to an error and setting forth the true purpose of the bill. Con- missioner James Weatherly has sent the communication below to Representative Scott. chairman of the committee on mn- 1 icipal organization. before whom the bill 1 is being considered.
 l The bill has passed the senate, but struck snag' in the house, as three | members of the Jefferson delegation are | opposing its passage.
 1 Mir weatherly explains the purposes of without special reference to the Birming- ham Waterworks company and that if passed it will meet the requirements of the city for hundred years.
 l The commissioner denies that the bill is | in violation of the contract between the company and city. as the bill is not to he effective If passed until the contract ex- pires.
 1 He declares the bill looks to the future as well as the present. and works no in- 1 jury.
 | The communication follows:
 Letter to Scott
 | Hon N w. Scott, Chairman Committee on Municipal Organization, House of Representatives Montgomery, Ala: Dear Sir: The bill known as the Bir- mingham Waterworks condemnation bill, which has passed the senate, and which Is now for the second time before the house l committee on municipal organization, is of far more interest to the people of Bir- ] mi, ,,e,i,, f1,a, boy The impression has been made that the bill merely represents a controversy be- tween the city and the Birmingham | Waterworks company.
 This is an error. While, if enacted into law, 1t would give Birmingham power to acquire by condemnation that company [ plant. upon paying reasonable compensa- ton therefore. it also confers upon the city other broad and sweeping powers re- lating to the acquisition by condemnation purchase or otherwise of property ant rights of every character necessary to tn, municipal ownership, control and opera ton of it's own waterworks inside or out side of the city, and for the commercial distribution and sale of water not only II |, Birmingham but elsewhere. It authorize the acquisition of water supplies iron any suitable streams, the acquisition ant control of watersheds and rights of way and all needful and proper rights and pow CTS for the storage and distribution oi water, for manufacturing, agricultural commercial and domestic opposes. It au. thoizes the city to issue ar ! sell bondi ! with which opay for the plants ac quired and to mortgage such plants a' security for such bonds. It is frame. without especial reference to the plan or rights of the Birmingham Waterwork' company. It is a comprehensive and mod ern measure looking to the present ana future needs of great and growing city for water. If passed. it will measure uI to the requirements of Birmingham fol 100 years, and 1t will enable Birmingham to supply the manufacturing and domestic needs. not only of Birmingham, but o other neghboring communities who ma, not have adequate water supplies and wht may not have the power or the means o providing for themselves water supplies
 "Rcgardless of any controversy between the city of Birmingham and the Birmingham Waterworks company this important measure should he en- acted into law by the present legisla- ture at this session.
 Does Not Violate Contract
 "It seems that the Birmingham Wa terworks company and the opponents of the measure In the delegation il the house from Jefferson county, op- pose it's passage on the sole ground that 1t violates the contract between the city of Birmingham and the wa terworks company
 This contention has been made ever since the final amendment of the bill into it's present shape. No one who has read the bill as amended can make this contention with sincerity. Int contract contains no restriction what ever upon the city's right or powei to condemn the water company's plant From and after January 1. 1921.
 "Cn the contrary. the contract clear ly and explicitly recognizes the city'' fight and power to condemn on ant after that date The bill has beer amended so as to secure only that righ and rower. so far as the Birmin gha IT Waterworl>s company's ant Is con cerned.
 By that amendment the city canno conGemn the waterworks company'' plant prior to January l. 1921, Or ir any ms nnner other than as specified 1T the contract This clears the bill o all reasonable grounds of objection, an, leaves every open minded and non partfsan legislator free to make thil great legislative ovision for th' heaith the lives. the domestic com fort the industrial and commercial welfare of the hundreds of thousand: of peopie who inhabit and who are tt inhabit the Birmingham district Al ready inc Tennessee Coal, Iron an, Railroad company has been forced {; acquire it's own water supply at thu cost of millions of dollars. Why? Be cause Birmingham could not supply If R cause the Birmna nam Waterworki I company could not supply it. Othel manufacturing concerns now. and moro hereafter. will be forced to the sam' necessity.
 Under this law. the city may isnor, the Birmingham Waterworks com rany's plant entirely and build it's own system or systems on the Coosa or the Warrior. or it may acquire thu waterworlss company's plant. and II due time build these other systems al n. eded
 Looks to Future
 ''The bill looks to the future as mucl as to the present. It is big With pos sibilities for the good of the people. l works no injury. It is expressly all thol'ized by the constitution of the stat, wherein 1t is provided that the ex ercise of the right of eminent domain snail never be abridged nor construc as to prevent the legislature from talk ing the property and franchises of in corporated companies and subjectinl them to public use in the same man rer in which the property and fran cnises of individuals are taken and sub jccted. Yours very truly
 ' FLAMES WEATHERIY