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

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 seeks to have this commission prescribe
 telephone rates for telephone line oper-
 atins solely in the city of Birmingham,
 Ala, of which said matter this commis-
 sion has no jurisdiction.
 "3. Because 1t does not appear, and 1t
 is not fact, that the petitioner, at least
 as to the matters complained of in it's
 petition, is such a transportation company
 a. is defined by secion 5647 of the code of
 Alabama.
 A. Because there is no duty imposed by
 law or authority to make and pass an
 order authorizing the petitioner to put in
 force and effect the rates and charges
 for local exchange telephone service in
 the city of Birmingham as is set forth in
 it's petition. frSt
 "o Because section 5647 and other sec
 tions that may be claimed by the peti-
 toner to give this commission jurisdic- ticn, are in violation of the constitution of Alabama and void.
 e. Because section 5647 of the code of Alabama. and such other sections of that code. the laws of the state of Alabama which the petitioner may rely upon as | comforting jurisdiction upon this commis- sion to hear and determine it's said peti- ton, are in controvention of the thir- teenth amendment to the constitution of
 the United States and void.
 '7 Because secion 56i7 of the code of Alabama, and such other sections of that
 code. or the laws of the state of Ala
 bama which the petitioner may rely upon
 as conferring jurisdiction upon this com
 mission to hear and determine it's said
 petition, are in controvention of the four
 teenth amendment to the constitution of
 the United States and void.
 ''S. Because section 5647 of the code Of Alabama, and such other sections of
 that code, or the laws of the state of Ala
 bama which the petition may rely upon as comforting jurisdiction upon this com
 mission to hear and determine it's said
 petition, are in controyention of the con
 stitution of the United States and void.
 ''9. Because it does not appear that pe-
 titioner has any right or. franchise to op-
 crate as a telephone company in the city
 of Birmingham
 "A LEO OBERDORFER, "EDMUND II. DRYER,
 Attorneys for the City of Birmingham" 7" Advance Sheets Opposed When the rate advance sheet was filed
 before the commission the attorneys for the city resisted very urgently the propo- siton. They argued that such depart
 ure from the question pertinent to the call ing of the inquiry was clearly out of line, and they should have been given due time within which to prepare for such a departure and equip themselves with facts to resist it. The commissioners ruled after consultation" that it was the policy of that board to permit amend nents as it was clearly understood that each side had sufficient notice, and that the opinion was that the amendment was not a wide departure, in fact as the prayer and counts 1 and of the. original petition were stricken from that record in the amendment. Leon McCord. com missioner. said that he dssented from the ruling. holding that the amendment was departure, and the city should be given ar opportunity to prepare itself for tba. proposition.
 Being in the minority" said Mir. Me- Cord. "I can only state my opinions clearly that I may not be misunder- stood.'
 | Subsequent to that ruling it was deter mined that the question before the com missioners was one of whether they pos | sessed jurisdiction. The attorneys for the | city assumed the position that they had | been eliminated fr2m the case when the l co mmissoners allowed the amendment | President Henderson ruled at once that the commission was not a judicial tri- hunal, but an administrative one, and could assume the initiative on their uues- ton, hence if the city felt like with drawing the case. would proceed without
 counsel for the city. Thereupon the at ttrneys argued both sides of the question Of jurisdiction. Mir Oberdorfer opened for the city and MT. Dryer closed for the city Attorney Stollley presented the Bell Telephone company side of the ques- tion. <,., Entirely New Aspect The case assumed yesterday an entirely new aspect Every city in the state will be affected by the case. and MT. Hender- son wanted it clearly understood that the question was so important that every bit of information was desired. Should the commissioners rule that they have the | that to the Bell application, it is appre- hended that every city wherein they op- crate may be affected.
 During the hearing Commissioner Lane I was seated between the two volunteer at | tcrneys for the city and frequently con- | ferred with them. He at one time ad- l.dressed the commission, objecting to Att | torney Stokely's reading excerpts from | a report on the conditions of the com pany. President Exum and MT. Weather 1 ly were also interested spectators. | The Bell Telephone company officials present included; President w. T. Gen. l try, j. M E. HoXey. vice president. IT. ! F.. w. Palmer, general counsel, Col. Hunt 1 Chipley, solicitor for the American Tele- | phone company: J. R. A. Hobson. gen. lleral commercial superintendent: Traffic l Manager Montague. D. F. Turnbull. dis hand, while Commissioner Lane detailed