The Birmingham age-herald., 1915-06-13
Says Hartwell's Bill Would : Remove Government of
 Birmingham to Capital
ARE PEOPLE ABLE TO GOVERN THEMSELVES?
This Is Real Question at Issue, Says City CommissionerlCou Not Or der Installation of Arc Light
 or Water Hydrant

No Dill to be acted upon at the recessed session or the state legislature next month, perhaps. is of greater importance 10 the people of Birmingham than the public service commission" bill.
 Inis Dill, introduced by Senator Harry Hartwell of Mobile, if passed. will take cut Of the hands of municipal govern ments Tn Alabama any control of local utiii'y corporations. This control will be vested in state public service commits sion to be composed during the present administration of the members of the ex- is'iis raliroad commission and thereafter oy state officers elected by the voters of the state at large.
 There are arguments for and against the bill. The local board of city commits sioners opposes it. Two or three of the Jefferson county delegation oppose if. others are yet to be heard from. Com missioner James Weatherly, through whose office negotiations with public util- ity corporation are conducted. is vigorous In his fight against the bill
 The board of commissioners not only mas written letters asking each member Of the Jefferson county delegation to on- pose the bill, but yesterday letters were sent to every municipality of any size in the state asking that the local municipal government pass resolutions in opposition,
 The general argument in fnyor of tho bill is that it will take public utility, problems out of local politics." and insure iheir, falr administration 'by high class men who will be immune from local preJudices as they will represent the whole state
 Argument Against Bill
 me general argument against the bill, said elty Commissioner Weatherly yes- 'efoay' is that 1t will move the govern ment or Birmingham tand other Ala bama municipalities likewise) from Bir- mingham to Montgomery Instead of Bir- mingham being permitted to settle her own governmental affairs in her own way. as they relate to public utilities. s,lch afars will be settled by a commission composed of three members all three of whom may be from rural counties or sec tions outside of Birmingham, and who may not nave the proper conception of municipal matters.
 The whole case sifts down to whether or not the people of Birmingham are capable of electing men to operate the municipal government of Birmingham. as it should be operated
 IT they are, then the local govern mental body, should have au,nor,,y 10 control rates and otherwise regulate local public utilities.
 If they are not, then the regulation and control of local public utilities should De taken out of the hands of the local government and placed in the hands of the proposed state commission The real question then is whether ar not the people of Birmingham or any other municipality in Alabama are capable ef home rule? If t.i.e, ;se n..h,in service commission bill should he defeat them
 The luea of state public seryice commission bill is all right if its iur~ isdiction is limited to corporations io- ing intrastate or interurban busI- ness. But the idea of having a state pody With offices at Montgomery reg ulatfng the affairs of a street car ,om- pany, waterworks company teIenLone or similar utility corporation doino. business in Birmingham and Birmina- nam only seems to be government with the cart before the horse.
 City Could Do Nothing
 Under the proposed bill we cannot construct a waterworks plant in Bir- mingham without first asking permis- sion or the state public service com mission and then We will be obligated after receiving their certificate of ap- proval to buy outright any existing plant or plants which may be doing business in the city.
 We could not have anything to do With street car rates, schedules. trans fers, telephone rates or service water rates or service. light, gas and so on with every kind of public utility cor poration. To order the local light com pany to install. a new street light we would have to go to the state com mission; to order local waterwork s to install new fire plug we would have to do likewise
 We already have authority to reg ulate light rates and in the course of time. providing no such bill as the pro- posed public service commission bill is made into law, we and every other municipal government in Alabama will have authority under the existing mu- nicpial code adopted in 1907 to reg ulate rates and service of all kinds of public utilities. That law is now in effect but it provides that existing franchises and contracts between util- ities and municipalities must expire before it becomes effective in indi- vidual cases. For instance 1t could be in effect in Birmingham several years before Montgomery if contracts of util- ities here expired before they did In Montgomery.
 This municipal code the public serv- ice commission bill as proposed will repeal"
 The proposed bill provides that the (Continued on Page six)