The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-12-02
Petition of c. A. Avant Re-
ferred to Boyd AS Base
For Action
ALLEGES MONOPOLY
is IN EXISTENCE
Action of Commission May Be Open
ing Gun of Hostilities Between
the Municipal Government
and B. R., l.. & p. Co.

BY action of the city commission yes
terday petition OF C. A. Avant a well
known citizen, formerly employed by the
Birmingham Railway, Light and Power
company, was referred ito the city attor-
ney in order that he might report an
ordinance regulating or prescribing such
Just and reasonable rates to private con-
sumers of light and power to be charged
by the Birmingham Railway. Light and
Power company, as he may be advised
the. city has the right legally to enact"
As to whether or not that action of
the city commission was a signal for
the beginning of hostilities between the
municipal government and the Birming-
ham Railway, Light and Power company
depends, 1t is generally believed, on the
result of the city attorneys investiga-
ton and subsequent report.
The Avant petition was filed with the
commission November IA. and since that
date has been the subject of more or less
discussion and consultation by municipal
authorities. The petition AYERS that a
monopoly contrary to law has been
formed by the Alabama Power company
and the Birmingham Railway, Light and
Power company, and contends that the
action of the monopoly" has constituted
1.-The most fragrant violation of the Ala
bama statutes that has ever existed in
this state.
The Avant Petition
The petition of Mr.. Avant, on which the
action of the commission yesterday after
noon was based, Is I'm the form of a let
ter under date of November Il, this year.
and Is as follows:
November IA, 1914.
1.-The Hons George B. Ward, A. o. Lane
and James Weatherly, commissioners of
the city of Birmingham.
Gentlemen:
Permit me to call your attention to
one of the most pernicious monopolies
and fragrant violations of the Alabama
statutes that has ever existed in the
state.
Il refer to the Alabama Power COM
pany and their contract with the Bir-
mingham Railway, Light and Power COM
pany to furnish power to the latter and
| wish to apologize to your honorable
body for referring to the Alabama stat
utes, as two of your members are shining
lights In the legal profession. and the
chairman is trained business man of
large and varied experience. but 1 offer
this as brief to be used as such.
Cites the Constitution
The constitutional convention OF which
H..
oared 1t to be the organic law of the
state that the legislature pass statutes
prohibiting the making scarce increasing
the price of. or diminishing the output Of
any commodity manufactured, grown or
produced In the state of Alabama. In
obedience to this the legislature passed
criminal statutes 1919 to 1857 making 1t an
offense for corporations or individuals
to create monopoly by decreasing the
output. or increasing the cost of any
commodity manufactured, raised or pro-
duced in the state, requiring the judges
to SO charge the grand jury. Section
24S7 of the civil code authorizes any per-
son, firm corporation damaged by rea-
son of such monopoly, all actual dam
ages, and $500 penalty from such often
ders, and provides for suits to be brought
In any county where the parties do BUSH
ness or the agents reside, being party
to the monopoly This statute says that
leoose'y may ps ,Iau e,'"e, -, ai.
.ne s,s'".'. .,,,,,.,,, rs
s.".',. ..,,,, ,,,,aon,t al, ha tasta -
-, '.,,, -, sr.
,.as .sse &c. a.. -, ,, q. -, "a
mS.,a ,a'.. ,,.., iias ,..'',,,a ~. ~.
..,i,,. nus ~, ~. aiti,a,,. 70 th',
state.
..,,as 49, a., 80 30 ,Iai,,,,, "e' 60
t.a., eoso ~ AZ, .ne a,t,,,oi 800 nsas,st,
t .,on -V.. 81 .ne .ata ,,,,io,,ai a,'S
.a.n.,, co., N ,,ea,s sa,t,n,, aeo1 90 oea7
soun.y -. ~ .S;,, ,,,as tha,'s a. r,'r,'t
aions inv 1ev, tinn fiooa,na s,,st ,,,1,s
49,. a..a ait, ,ands Sot;n, oeae rs,
,,,,a . n,u s.,, tN ~ rnhiin 'vo r
W. W. ,,,,,,to a.. n fret sar,,aa
anu 'ie"'s' i'S' eo'''o ''''
Refers to Purchase
AS understand II the Alabama Power.
comnanv long before the plant was nut
IN nnerst,on purchased a large amount