The Birmingham age-herald., 1919-03-23
INJUNCTION DENIED BY JUDGE M'C0RD
 IN TELEPHONE CASE
Holds That Resolution of President Is Sufficient to Authorize Increase
 in Rates

Montgomery, March c2.-fSpe-
 cia1.)-HuIdinE that the resolution
 of President Wilson Is sufficient to
 the state law. creating the Alabama
 public service commission, did not
 contemplate the control of tele-
 phone systems during war times,
 Judge Leon McCord of the Mont \ gomery circuit court late Saturday.
 in lengthy opinion, denied the
 petition of the attorney general,
 who sought to enjoin the Southern
 Bell Telephone and Telegraph
 company from enforcing the new
 rates in Alabama. After denying
 the writ Judge McCord ordered the
 bill dismissed.
 The decision in the case followed the presentation by the attorney gener- al. J. Q. Smith, his special assistant. Horace Wilkinson, and attorneys for the company and the United States, of briefs supporting the arguments made before Judge McCord several days ago.
 The opinion. reviews the case and shows that the suit "to all practical purposes" is a suit against the United States. "I cannot escape the conclusion that the suit, insofar as. the Postmas- ter General and the defendant, Bruce. acting as his agents, are concerned, Is, for all practical purposes, a. suit against the United States, and as. to them it cannot be maintained" says the opinion of Judge McCord.
 If is the intention of the attorney generals department to institute pro ceedings in the Alabama supreme court,
 TEXT OF OPINION
 Important paragraphs from the opin- ion follow:
 "As the Southern Bell Telephone and Telegraph company had nothing to do with the fixing of the rates in question, had no volition or free agency in the matter 1t follows that any injunction against it would be futile and inappro- priate.
 '.rhe joint resolution of July 16, 1918, is war measure enacted by Congress within it's constitutional authority and if clothed the President with complete power over the telephone systems for the duration of the war, including the power to make rates" At this point important provisions of the constitution of the United States. relative to the matter, were quoted in the written opin- ion.
 ..The public service commission of Alabama, having been created by statute. has only such powers as are expressly conferred upon 1t by the state" says the opinion. Tn ascer- taining and determining what powers have been conferred, and the extent of these powers, the rule of strict instruc- tions applies and if there is a. reason able doubt as to the existence of the powers claimed, such doubt is resolved apainst the powers. I do not think, from careful reading of the statute of Alabama creating and defining the movers of the public service should have the power to supervise the opera tion of utilities in the hands of the ma tional government. When these laws were enacted, the existence of a state of war, or the probability that the tele- nhone or telegraph systems. like other nublic utilities. would be taken over and operated by the national govern ment. were not contemplated by the legislature It is cardinal rule of construction that one agency of gov ernment will not be deemed to have the power or authority to regulate another agency of government. unless that pow er is expressly granted-it will never be implied.
 OUT OF POWER
 .J am of the opinion 1t was not with in inc province of the public service commission of Alabama under the pro yiso in tse joint resolution of Congress or otherwis~ .c fix rates, inter or intra- state. for utNA~s under government
 (Contipued on Pase Twe)