The Birmingham age-herald., 1918-10-23

tests or us neattng ana Illuminating quality and file them with the commits sion.
 Sec ?. Said firm may relieve itself from obligation set out above by paying to the city the amount of the monthly sal ary of gas inspector (not over sl5O per monthl.
 See 3. Failure to comply with one or the other of the above sections will be punishable by a fine of not more than sl00 and six months Imprisonment
 Sec f. Every firm supplying gas in the city of Birmingham or employe of such firm who willfully files a false report of the tests mentioned in Section l or who willfully allows air or other impurity to reduce the quality of gas furnished will be punished by a fine of not more than sl00 and six months imprisonment --
 The commission also passed a resolu- ton which follows
 "Notifying Birmingham Railway. Light and Power company of default in the performance of it's duties and obligations under it's franchises and contracts for the manufacture, sale and distribution of gas, and for the operation of various street railways in the city of Brming- ham, and of it's violations of the laws and ordinances of the city relating there to: and notifying said company of de- fault in the performance of it's duties and obligations as public service cor poration in furnishing any distributing electric light and power
 A resolution on the gas situation was also passed.
 THE RESOLUTION
 ''Section l. It is hereby declared that said company has willfuly and inten& tionally or with gross, indifference to it's public duties, manufactured and sold to the public gas of inferior quality de- ficient in heating and lighting efficiency in purity and in pressure"
 The section then points out that the company has neglected to inspect and regulate the quality of it's gas: violated it's gas franchise and the ordinances of the city, admitted it does not know the situation with regard to gas service, and has been proceeding by guessworlS. and has been selling gas that forms deposits of napthalene and clogs the service pipes. Unless the company takes steps to deliver gas of the requisite quality it's franchise shall be annulled and re- scinded.
 Section 9 This commission further finds and adjudges that said Birming- ham Railway. Light and Power company has persistently violated it's franchise ob- legations and it's duty to the public and has continued such violations during a time of public crisis and peril in such wise as to interfere radically with the national welfare, to menace the public health welfare, comfort and convenience, and force the maintenance of common nuisance in the city of Birmingham"
 The rest of this section is devoted to a detailed explanation of the above, al- leging that the company by poor service has intTrefered with the operations of war industries; failed to furnish suff- cient cars during the epidemic; bought no new cars during the past six years, although paying dividends in 1915, 19i6, 1917; furnished less than 50 per cent nor mai service on certain lines and less than an average of 75 ser cent on all lines; failed to install gas pipes and electric lights to persons entitled thereto.
 "Section 3. A copy of this resolution shall be sent to the Birmingham Rail- way Light and Power company, and un- less the company takes steps to make good its defaults by November l5, 1918. the commission will take such other ae- ton as may be necessary in the prem ises'