The Birmingham age-herald., 1919-01-10
ROSS EMPLOYED ID PREPARE PHYSICAL
 DATA FOR CITY
Issues Statement to Make Clear His Position in the
 Pending Controversy

The city commission has made no detailed announce ment of it's plans to force bet ter service from the Birming- ham Railway, Light and Power company for the citizens of Birmingham.
 They have. however. begun through their legal department the preparation of statement wherein they propose to show that the street railway coni- pany would not be able to restore even normal service on its street car lines in Birmin ham, even if they had all the men they had in normal times, or perhaps n few hundred over, for 1t is the belief of Commissioner J. Ellis Brown that the company has allowed it's equipment to run down to such an cars to handle the traffic, regardless of how many men they might employ. I. w. ROSS EMPLOYED The commission. aside from employ ing Forney Johnston. some weeks ago, and Graham Perdue. recently, to ad- wise with and assist City Attorney Freg G. Moore in the fight on tine Birmingham Railway. Light and Power company, ha engaged I. W. Ross, former head of the Tidewater line, and a street car operator of recognized ability to prepare a physical statement of the condition of the company When MT. Ross makes his report to the con- mission, very likely something con- crete will be made public, and the i real leSal battle will then begin in earnest
 ROSS MAKES STATEMENT @ In view of the publication in an aft ernoon paper of the statement that MT. Ross was helping the city gather in 1 formation in aid of the we'll formu- | lated plan which it has been perfect ing for some weeks leading to a for feiture of the franchise of the local company and their acquisition and op- I eraton by the municipality, MT. Ross made the following statement last night:
 q have been engaged to make the | initial report of the financial status and the operating and physical con- dition of the Birmingham Rail- | way, Light and Power company's l properties. I have not been ad- 1 vised, and do not know, what use l the city may intend to make of l the information I am gathering, as I am not interested in that fea- ture and am only temporarily in Birmingham for the purpose of cOl- lecting this information and turn | ing 1t over to the city authorities. This information will consist pri- marily of statistical data which I
 am obtaining with the cO-Opera- l tfon of the Birmingham Railway, Light and Power company"
 1 It is the intention of the city oom- l mission to make out caseN that will be strong enough to stand the legal | tests and to eventually get what Bir- mingham is most desirous of-without feeling toward the company or any of it's executives-better service for the | citizens who are compelled to depend upon the cars for their means of | transportation to and from their daily occupations. The advent of the Alabama public service commission into the local fight
 is not contemplated to put an edge | upon the situation one way or tEe other In fact. it is generally held Tn
 the discussions that prevail that the
 commissions Jurisdiction is doubtful
 and that their investigation will most likely end without any immediate rem
 ediaI suggestions of merit.
 SIX MORE CASES
 Six more citations were served or J. S. Pevear. head of the street railway
 company yesterday for failure to pro-
 vide adequate service on the lines o1
 the company. as well as proper head
 way with the schedule. The cases arc
 based upon complaints filed on January
 8, wherein the company is charged
 with failure to give proper service or the West End. Fountain Heights, Idle
 wild, North Birmingham and Highland avenue lines. The trial of the six new : cases was set for this morning. Capt. T. W. Nichol. B. H. Cooper ant
 Attious Mullin of the Alabama publi' service commission called upon thu commission yesterday and were receiv
 ed courteously. Captain Nichol is thu
 commissions engineer, B. H. Cooper
 who resides in Birmingham. is a mem
 Der of the public service commission
 while Atticus Mullin. former Bir
 mingham newspaper man. is secretar, , of the commission.