The Birmingham age-herald., 1911-09-22

ss and the city commission does like . q wise. I cannot foresee any tribunal G c of relief for anyone interested eX- v a cept the regular courts. -Presi- Q a dent Charles Henderson of the Ala S Q bama Railroad Commission. 0 Socccccc,ccccococccccococ0
 The proposition of allowing the Soutn ern Bell Telephone company an increase in rates in Birmingham, up for nearing yesterday before a special meeting or the state railroad commission, took an uneX- pected turn when the petitioning company flied a schedule of rates to ~e eheetlVe November 1. which are precisely the schedule asked of the city by the com pany.
 In addition to that action the jurisdlc- ton of the state commission to determine the issue was challenged by the city. AL the conclusion of arguments upon the two questions President Charles Hender- SOD allowed the proposed advance ot rates 10 be entered and filed. in the form or an amendment to the first petition. lie also announced that he would allow the attorney for the company five days with- in which to file a brief on the question of jurisdiction, the opposing counsel TOT .be cuv five days to answer that brief ard that at the regular meeting of the commission, to be held October 7, the question would be taken up and de- cided
 should the commission decide that the body has jurisdiction to try the proposl- ton of increase on its merits, the testl- mony will be taken. It was estimated yesterday that perhaps several weeks would be required to handle the question. If the commission rules that the body has no right to determine the issue, then the company would have in operation the amended schedule, and no recourse would be open to any one objecting ex- oept the courts The city commissioners have declined to act, and a negative opin- ion from the state railroad commission on the right of jurisdiction, with the amended rate tariff on file, would result in inc increase being effective Novem- Der 1. zg3-
 StokeIey Files Amendment
 The amendment was filed by Attorney J. T. Stokely for the company as fol- lows:
 "Comes your petitioner the Southern Rell Telephone and Telegraph company and by leave of the commission first had and obtained amends it's petition hled with your honorable commission on sep tember IS, 1911, by striking out Of said paragraphs five and six and the prayer thereof, and inserting in lieu thereof the following;
 .5. That your petitioner files herewith A schedule of rates and charges for local exchange service, in the city of Birming- ham. effective November 1, 1911, said schedule so effective November 1, 1911, is attached hereto, marked Exhibit B, and made a part of this petition as fully as if incorporated herein. Your petitioner further represents that 1t will begin charging these rates, and that they will be it's only existing rates for local ex- change service in the city of Birming- ham. on and after November I, 19ll
 "6. Your petitioner here ayers that said rates and charges so effective Novem- Der 1, 1911, are not more than fair and reason able rates and charges, and that under the law 1t is entitled 10 put such rates and charges into effect in the city of Birmingham, which facts your peti- toner is prepared to snow to your hohof- able commission. SOUTHERN BELL TELEPHONE AND
 TELEGRAPH CO.,"
 Schedule of Rates
 The schedule of rates which may be effective here November l, 1911, unless suspended, follows;
 "Jnlimited special line business service, SC per month, an increase of g per month.
 "Unlimited duplex line business service, g. Ter month, an increase of sl per month.
 'Messase rate special line business ser vice. Si per month, an increase of s1 per month.
 1.-TWO way private branch exchange trunks $40 per month, an increase of 90 cents Der month.
 cone way private branch exchange, sl. 50 per month.
 "Unlimited duplex resldence serNlce' s2 go per month, an increase of 50 cents Der month.
 Attorneys File Objections
 At the outset of the hearing yesterday morning, Attorneys Dryer and Leo Ober- dorfer, representing, voluntarily, the city filed the following reasons why the rai- road commission had no right to try the case.
 "The city of Birmingham, municipal corporation, and a party in interest, and the defendant to the said petition, hereby appearing specially for the purpose of this motion, and not making a general ap- pearance, but only making a special ap- pearance for the purpose of challenging the jurisdiction of this commission, moves the commission to dismiss said petition, and for grounds of said motion says:
 'l That this commission is without juf- isdiction to hear and determine the mat ter and things set forth in said petition.
 70 Because it does not appear from said petition that the commissioner is seeking to have this commission prescribe rates for telephone service between more than ore city in thes state of --labama, but trict commercial manager, and Attorney d. T. Stokely.
 A large number of spectators were on