The Birmingham age-herald., 1913-01-19
Refuses to Officially Aid in
Securing Dam Across
the COOsa River
PURPORTED DAM A
PRIVATE ENTERPRISE
In Letter to J. W. Worthington, the
Governor Doubts Propriety of
Using Official Position to
Help Private Corporation

Montgomery. January fS.-(Speciai)-
Declaring that he does not believe that
the construction of a dam across the
Coosa river by the Alabama Power COM
pany would be a matter of revenue or
interest to the state of Alabama, and
doubling the propriety of using his Of
ficlal position for the purpose of securing
a federal franchise for private corpora
tlon. Governor o'Neal tonight declined to
use his influence to induce President Taft
to withdraw his veto to Senate bill I343.
providing for the construction of dam
at Lock 1s.
The governors letter of decination was
addressed to ]. w. Worthington, at WASH
ington, p. c.. who is interested in tho
construction of dam by the Alabama
Power company at Lock Is. on the coosa
river. Mr.. Worthington several days ago
addressed a communication to the gov
ernor, urging him to come to Washing
ton and urge the President to withdraw
his veto to the bill providing for the
construction of the dam. Mr.. Worthing-
toms request was reinforced by resolu-
tions of several commercial organizations
ia the state.
A Private Enterprise
The governor declared that the advo-
cacy of a policy beneficial to the people
at large is an entirely different thing
from the support of a private enterprise,
and asserted that his deelination to par
ticpate In the effort suggested sprung
from no hostility whatever to the cor
poration Interested The following is the
governors letter.
In response to your request reinforced
| by the resolutions of the commercial
bodies of several cities of the state that
| I lend my aid to the contemplated Ct
| fort to induce the President to withdraw
| his veto of Senate bill 73i3 authorizing the
| construction by the Alabama Power COM
pany of a dam across the Coosd river
or, falling therein to aid in securing the
passage of said hill over said veto, beg
| leave to state that J am not. for the fol-
| lowing reasons. able to persuade myself
| that the construction of such a dam is
| q matter of revenue or interest to the
state OF Alabama. In view OF this con-
eluson you Will, no doubt, agree 10 the
| improperly of such suggested action ON
my part. as governor, In aid Of a private
enterprise.
while / am firmly committed to the
| policy OF encouraging the Investment of
| foreign capital in Alabama for the de-
| yelopment Of our resources, do not think
tndI THIS WOulu justify f1Hc III uSifS SuCu
prestige as may attend my official posi-
tion to actively engage in securing a
federal franchise for private corpora
ton.
Eminent lawyers differ as to the right
of the state to tax the power aceruius
from the erection of a dam ON or across
navigabe stream. Whether the state
has such power or not is. in Alabama.
an academic question. IT, under the law.
our state formerly had such power. II
has already parted with it. BY the gem
eral and special laws of this state, which
we re-enacted some years prior to my
administration. the right to develop water
power was conferred on individuals and
private corporations by these laws it
would seem that the state has sufren-
| dered or conveyed whatever title or in
| terest easment it may have possessed
| in the streams of Alabama, and these
| laws being granted would seem to con-
stitute a. contract by which the state is
boYnd.
| II am. therefore of opinion that the
| only right this state has over water power
| or hydfo-electric companies Is the right
| II possesses under it's general powers to
| regulate public utilities, to control or reg
ulate and fix charges and rates. and as
| this Is In no way connected with the crea-
| tlon of any benefit to the state | am
| forced to the conclusion that the state
has no such interest as would warrant
me. as governor, in pressing the passage
OF this bill.
"'rhe general advocacy OF policy bene-
ficiaI to the people at large is a different
thing from the support of a specific pri-
vate enterprise, the paramount object
of which is of course. individual profit,
and from which the public benefit is but
a minor incident.
My inclination to participate in the eff
fort suggested springs from no sentiment
cf hostility whatever to the corporation
interested. but simply from a regard for
the proprieties of my official station"