The Birmingham age-herald., 1920-04-27
Fly FRED II. GORMLEY
 Mcntsomery Bureau The Age Herald
 11f.o Efrst na nnf

Montgomery, April 26 6I(Special>l-JuGsg
 Charles E. Mccall, chief examiner of
 public accounts of Alabama, has reported
 tc the state executive department that
 the public service commission has failed
 to comply with the state law requiring
 the annual visitation of members of the
 commission to all counties for the pur-
 pose of receiving complaints, has not
 kept a record definitely showing it's ac-
 ticns or the institution of proceedings
 against persons and corporations charged
 with the violation of it's rules. and has
 kept no record or memorandum of va- lrious transportation companies doing business in the state wherby it may be
 shown whether or not the companies
 make regular reports to the commission as required by Section 5662 of the code. Examiner McCalls original report on the public service commission was sub- mitted to the governor March 26. A sup plemental report was filed April 19. Both were made public by the executive de- partment Monday afternoon by request of newspaper representatives. The examina. tion of the department has been carried on for several weeks and the chief ex- aminer enumerated various instances where members of the commission, ex- certing Associate Commissioner $. r. Gaillard of Mobile, had declined to as- sist in the investigations, and where Alt ticus Mullin, secretary of the commission, had required that every request or the examiner for information or for recordS be made in writing.
 The report said the authority and right of the examiner to seek the information was questioned by the president, Samuel P. Kennedy, and disputed by one asso- cate member, B. II. Cooper. Further delay was occasiened by the expressed p1 eference of the secretary of the com mission that I make my request for ac- cess to records and files and for infor- nation in writing" said Examiner Mo- Calls report Coupled with. this condf tion of objections, there was an evident disposition on the part or nearly all the railroads operating in this state to With hold any information relating to the dates of the use of free passes and the points between which such passes were 1 used by the members of the public serv- l ice commission, and after prolonged cor respondence there was a failure on the pa Tt of the railroad companies, except the Frisco lines and the Illinois Central, to render any information whatsoever as to | the use of such passes
 The report said much time was given | to an effort to obtain information show | ing whether or not the commission ~lo compiled with Section 5644 of the code, which requires annual vsitations to all counties. Personal inquiries of the ccn-
 mission brought the response that there Twas no record showing viSitations Tn the l official files, but that each member could make his own report
 ] Examiner Mccall said Commissioner GailIard did file with him list of the counties he visited. but that no in1or- nation could be obtained from President Kennedy or Commissioner Cooper. No report having come from them, Examiner Mccall by formal letter requested the ' information.
 | President Kennedy replied under date ! of February 2 as follows: Your favor | of the 27th ult., requesting that l 1urnish you a list or lists of counties visited py me in accordance with Section eo44 ol the code of 1907 during the years isio-i- | 1s-19. Will~you please advise me the purpose of this inquiry and by what war rant YOU ask me for~such information! Commissioner Cooper replied: Tn re- nly to yours of January 2, am familiar with Section 56H of the code Of lWi ana as associate member of the Alabama Pup | lie Service Commission, l have compned with same Free of any personal or fense 10 YOU. I know of no reason why l should maxes a report to the chief ex- roiner of accounts of the State of Ala l jhama Some good reason will have to he shown before I make any such re- port Commissioner Gaillard replied, giving run information about the counties visiteo by him, showing twenty-two counues Vis- | tied in 1915, twenty-two in lgl6 ana sew er.teen in 1917, with others visited but not not recorded. nearly every county Tn tne state In 1918. He also stated that Ns files were subject to the inspection or the examiner, should occasion require IL Failing to get information from fresi- dent Kennedy and Commissioner Cooper, Examiner Mccall said he addressed iet. ters to probate judges, sheriffs. circui. clerks tax assessors and tax collectors of all counties. asking information about the visitation of the commission to ther counties The report sets out the an
 swers to this request. In large mum her of instances, the report saids tnere were no visits and no notices Of visits' in others notices were receiven pus no visits made. and in still others the no-
 tices were delivered only to the propa'e
 judges. However, it is recorded In the.
 report that visitations were mace .o a
 great number of counties during isio'
 ta16 1917 and 1e1S though not all.