The Birmingham age-herald., 1911-10-30
PHONE RATES LIVE TOPIC FOR TODAY Two Methods of Procedure
 Being Considered JUDGE LANES PLAN
It Is Understood That MT. WeatherIy FavOrs Putting the City Attor- ney in Charge of the
 Litigation

In the matter of the Bell telephone rate increase definite action of some character aimed to restrain that com pany from making rate increases effective Wednesday, will be taken today.
 At the present time it seems that two steps of a legal character will be taken against the Bell company. A quo war ranto, it is understood, taken out in the name of the state of Alabama, will be filed, perhaps, today. The filing of that action was imminent Saturday night and yesterday, but after consultation over the matter the formality was passed over until later time, presumably today. The state proposition has received the off, cial sanction of Gov. Emmet O'Neal and Attorney General Brickell, after the bill was shown the state officials by At torney A. Leo Oberdorfer, acting on be- half of the city. s.s.,
 That state suit, from what can be learned, will not undergo any changes The suit will be for the purpose, it is presumed, of learning whether the Bell company has any right to use the city streets without franchise from the city, the procuring of which is generally known to have been neglected something like 20 years ago, when the public utility cor poraton settled here to build up a big telephone business. Attorney General Brickell will not personally look after the case, but it's style will be the state of Alabama, ex rel, against the South ern Bell Telephone company, a corpora ton.
 The second suit, from what can be learned, will be an injunction on behalf of the city of Birmingham, a municipal corporation, against the Southern Bell Telephone company, a corporation. In that matter the rates will be temporarily re- strained. However, as to the action the city may take, there is cloud Of doubt The commissioners, by agreement will meet today at 11:30 o'clock to go into that question. There seems to be some doubt as to the attorneys to have charge of the litigation.
 Commissioner A. o. Lane, according to his announcement, has employed Camp bell & Johnston, A. Leo Oberdorfer and F. H. Dryer and the city has been asked for financial aid. Commissioner James Weatherly, whose position in the past as to the Bell case has only been changed, as he explained, to get the case before court of competent jurisdiction is in- clined to believe that Capt. Romaine Boyd, city attorney, should be placed in charge of the litigation. Mr. Wealth. erly, 1t is gathered, believes that the city attorney should attend to the city's affairs. Upon the matter of the per- sonnel of attorneys there is a serious question as to whether harmony will prevail at the commission conference to- day.
 The commissioners are also to discuss today the form of suit. The city attor- ney Captain Boyd, may desire to change the whole situation if he is placed in charge of the work. while again the bill as previously drawn up may be car ried through.
 The commissioners must pass upon a bond, which will no doubt be required if the case is in the shape of an injunc- ton. The Bell company stands to lose a large sum of money if the rates are enjoined There is no question but that a very large bond, it is said in the neigh borhood of $75,000 or s10O,000, will be re- qured of the city. The threshing out of that very serious question will engage the attention of the board of three this morning.