The Birmingham age-herald., 1913-08-14
CONSUMES
NEARLY WHOLE DAY
Percy Points Out That There Was No
Sale of Franchise and That Deal
Was Made With the Consent
of Commission

missioners Weatherly and Lane at the
ing declared his belief In the iliegali-
| ty of the purchase of the property of
the Peoples Home Telephone company
+, by the Bell company, and demanded a
full investigation of the whole trans
action. He questioned the right of the
Bell Telephone company to operate in
| the city and asked that the present
telephone service be looked into.
| Mr. Barber consumed the entire
plant to the commissioners. He read
newspaper clippings In reference to the
telephone deal and correspondence he
had had with the interstate commerce
commission, that body declining to take
action at that time. He made many
| complaints and many demands in his
argument.
| At the afternoon session Walker
Percy made reply to Mr. Barbers ar
guments and presented facts dealing
with the transaction from the time the
| sale was suggested until its final con-
summation.
Barber and Percy Tilt
| In his reply to Mr. Percy Mr.. Barber
referred to the fact that although the
Peoples company had had an attorney
for some years they had seen fit to en-
ploy Mr.. Percy as special counsel, and
asked the commits ssionels to note that
fact
Mr.. Percy was on his feet in an in
stant. do you insinuate there was
| anything wrong in my being en-
ployed?"
mo- 1 was referring to the fact that
you were employed" replied Mr. Bar
Der.
Then confine yourself to facts and
| not to insinuations," was the retort.
During his speech Mr.. Percy ap-
preached Mr.. Barber and said, II be-
| ber, but you are not the only honest
ber but you are not the only honest
man in this city,
At the conclusion of the arguments
James Wetherly, president pro tenn. of
the board, stated that no decision would
be announced until after consultation
with Judge Lane. but, that speaking
for himself, he was disposed to give
Mr.. Barber all the aid and power of
the commission to arrive at the city S
rights In all the matters covered by
Mr.. Barber, and to restore to the city
all property and rights whatever, of
which it might have been wrongfully
deprived He said that he would be
more than glad to aid especially, and to
take the initiative in getting the So
called merger transaction before any
| legal an Impartial tribunal. having
| authority to inquire into that matter.
and that he wanted all the truth
brought out fully and publicly so that
| every citizen of Birmingham would
know exactly what had happened.
Judge Lane made the statement that
everything had been done in the open
and that he gladly agreed to any prop
er inquiry into the matter.
Barber Asks Investigation
Mr.. Barber, in his statement before
the commissioners, insisted, first, that
the case against the American Bell
Telephone and Telegraph company,
pending before the interstate com
merce commission, and which involves
concern, and the question of the viola
| ton of the federal antitrust laws
should be aided by the board of city
commissioners, and particularly that
the Interstate commerce commission
| should be invited to hold a special
session in Birmingham, to inquire into
| the validity of the acquisition by the
Southern Bell Telephone company of
the property of the Peoples Home Tele-
| phone company, and that all the cir
cumstances involved in that transac-
| tion should be inquired into fully by
said interstate commerce commission
| He asked the board of city commission
ers to ascertain from the state railroad
| commission all the testimony taken in the
case against the Southern Bell company
before that body, and also to inquire
into the transaction between the Peoples
Home Telephone company and the gov
ernor and attorney general of the state.
with reference to thei cancellation of the
Peoples Home Telephone company's fran
chise. Further, he wanted the commits
| sion to declare the rate contract. rails
Ing the rates of the telephone company.
void. He contended further that the
| Southern Bell Telephone company has
no franchise to operate in the city of Bir-
| mingham and he asked the commission
to prohibit that company from further
use of the city's streets and highways
ioT IT'S purposes. lie asked that an in
quiry be had as to the service OF the
| Southern Bell Telephone company and
as to whether or not 1t has lived up to
the rate raising contract. particularly as
| to. the promised expenditure of 100000 for
Improvement of the service.
| Finally. he asked the city commission
ers to inquire into the matter of the
/ taxation of the property of the South
! ern Bell Telephone company in the city
| of Birmingham, so as to see to it that
the said properties are taxed for a suffi
cient amount, with a view to bringing
more revenue to the city.
Percy Answers Barber
| Following Mr.. Barbers general criti
cism of the Bell Telephone company and
the American Telephone and Telegraph
company, and his comments upon the ab-
sorption of the Peoples Home Telephone
company by the Southern Bell company.
Walker Percy made a statement to the
commission, which was in part as fol-
| lows:
"Mr. Barber's lengthy speech to the
commission has covered a wide range. A
attempt to analyze the recent financial
and Telegraph company and to prove by
| that company's statements the magni-
tude of it's operations and of it's profits
have no interest in or connection with
| the Southern Bell Telephone company and
no desire to champion the cause Of the
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