The Birmingham age-herald., 1921-01-08
BARBER SEEKS ID
 PREVENT ELECTION
 ON WATERWORKS
Petition Is Filed, May Be Heard Next Week-AlI Election Officers Appear Covered
 By Plea as Filed

Seeking to restrain the city commis- ision, the probate judge, the sheriff of the county the clerk of the ctrcuiI icourt, who comprise the election com
 mission of Jefferson county, from
 holding or attempting to hold
 an election January 24 for the purpose of voting upon the ratification of the contract between the city of Birmingham and the Bir-
 mingham Water Works company a petition was filed in the chancry di- vision of the circuit court yesterday afternoon.
 1t was filed by Arlie Barber, and IS against Dr. N A. Barrett, president of the city commission; John H. Taylor, 1 J. Ellis Brown, J. R. Hornady and H. r. Burruss. associate commissioners, and J. c. Hartsfield, sheriff; J. F. Stiles, judge of probate, and William 1 j.. Wadrop, clerk of the court, com prising the election commission of Jeff ferson county.
 TO ENJOIN BOARD The board is asked to enjoin the commissioners from spending, app-o- priating or ordering or approving the payment of any money from the pub- llic treasury of the city of Birming> ham for any purpose whatsoever in lconnection with the said election, eith~ Ter by bills therein alreday incurred or for any that would necessarily be in- Icurred if said election were or could be legally or properly held. It is further asked that they De re- strained from naming or appointing of clerks, managers or returning offi- cers or any other officials for the pur- pose of holding said election.
 Following final hearing of this cause the complainant asked that the tenn porary restraining order be made per- manent and the defendants be perpet- ually restrained from doing or per- forming any of the acts specified in connection with said election proposed to be held January 24.
 It is alleged that the city commis- sioners have published to the world that they have ordered and proposed Ito hold an election to determine whether Or not a majority of those voting at the proposed election favor or oppose the contract for an option for the purchase of the water works plant operated in the city of Birming- ham and its environs from the pr esent owners the Birmingham Water Works company, for large sum of money, approximately S7,750 000 and by which election it is further pro posed that by their ballots the voters of the city shall express themselves at the polls as to whether or not they fa- Yor or oppose the consummation or ratification of the said contract, either tentatively proposed or already actu> ally entered into between the city and the water works company
 NOT PROVIDED
 It is set out that the holding of an election would cost approximately slS,000 The petition alleges that the election is without authority or war, rant of law, and that the laws of the state of Alabama or the city of Bir- mingham make no provision for the holding of such an election such as the one which is proposed to be held January 24.
 It is further alleged that no petition signed by the required number of .ual- med voters, as required by law i,as been presented to the commissioners of the city of Birmingham which would authorize, warrant or justify legally the holding of Said election.
 The case will be heard next week. 1t was stated.