The Birmingham age-herald., 1911-11-08
BIRMINGHAM WILL NOT FINANCE THE BELL LCOMPANYS SUIT Commissioner Weatherly Answers Statement of R.
 DuPOnt Thompson
CASE ENTIRELY IN
 HANDS OF THE STATE
Cites Statutes Which Provide That State Can Bring Suit of This Kind and Draw Upon State
 Treasury for Expenses

In a statement issued yesterday Com missioner James Weatherly says that the Bell Telephone case now pending before the circuit court is for the state of Alabama, and not the city of Bir- min gham, and that in his judgment the city of Birmingham has no authority to take money from the city treasury to pay counsel for whose services the statute makes special provisions.
 He cites the statute to show that the states interest in a suit of this char cult solicitor, with such assistants as the governor may designate. The pro ceedings were filed before Judge Crow of the circuit court and !. R. Tate is the solicitor of this, the Tenth judicial circuit.
 The statement of MT Weatherly is in direct reply to a statement given out by R. DuPont Thompson to the effect that the commissioners were neglecting a palpably plain duty in not assisting in the financial part of the injunction against the Bell company
 Commissioner Weatherly goes on to say that Commissioner Lane told him that the services of the attorneys in the case will be about $2500, and that he personally does not think the depleted treasury of the city should be touched for that appropriation.
 The statement of Commissioner Weatherly follows:
 "A statement by MT. R. DuPont Thompson in today's Age-Herald in reference to collecting a fund to pay attorneys to carry on the case against the Southern Bell Telephone company against that companys raise of rates quotes MT. Thompson as stating in this connection that, Every one with whom [ have come in contact censures the city commissioners for not making an appropriation. Their position that the city can't give the money is subter- fuge to escape their palpably plain duty
 when the citizens committee ap- peared before the board of commission CTS, unofficially, to request the boards help in carrying on the fight against the raise of telephone rates, the com missioners. without exception, an- nounced themselves as fayoring an ap- propriation to help carry on this fight, but Commissioner Exum and myself knowing scarcely anything about the legal proceedings, which, were being handled entirely by Commissioner Lane, were left under the impression by what was said In the meeting, that the ac- ton against the telephone company was to be directly by and in the name or the city as the complaining party, and other subscribers, the city being paving subscriber of the telephone company. No intimation was given by any one that the contemplated suit was one in the name, or on behalf, of the state of Alabama.
 Since reading the bill, which has been filed in the name of the state of Alabama, I see that it was ordered to be filed by the direction of the governor, and the only complaining party is the state of Alabama I do not doubt that this suit was filed by order of the governor, under section 3Os7 of the code, which reads as follows:
 .' State may bring suit in chancery- The state may sue in chancery, and the suit is governed by the same rules as suits between individuals. The solicitor of the circuit in which the suit is pend- ing must attend to the same on the part of the state, and the governor may em- pIoy assistant counsel if he deems 1t necessary, and the chancellor may de- termine the amount of compensation; and if unsuccessful, the state is liable for costs as individual suitors are. The di- rection of the executive of the state in writing is sufficient authority to the at torney for bringing such suit
 "One object of the suit is to forfeit the franchise of the telephone company, and another object is to prevent the raise of rates. By this section it is made the duty of the circuit solicitor of this county to prosecute the suit, and If any assistance is needed the governor may employ assistant counsel. My judgement is that the city has no authority what ever to take money out of the treasury to pay assistant counsel for whose serv- ices the statute especially makes provf- sion out of the state treasury. I am informed by Commissioner Lane that the compensation of the four eminent at torneys who are being employed by him to prosecute this suit will be not less than $250O. What legal warrant has the