The Birmingham age-herald., 1920-12-24
COOPER INSISTS LOCAL OFFICIAL
 CAUSES SURPRISE
State Commissioner Takes Ex- ception to Brown Statements In Street Car CaSe-Sus-
 poets ''Some Politics"
By FRED H. GoRMLEY
Montgomery Bureau, The Age-Herald
 22I-2 First National Bank Building

Montgomery, December 23.-(Spe- ciaD aD-Announcement of J. Ellis Brown, member of the Birmingham city com mission, Thursday that the city op- posed the petition of the receiver of the street railway system for 7-cent fare at the hearing before the public
 service commission Tuesday and would continue to oppose 1t caused B. H Cooper, member of the state commits sion, Thursday to make the official declaration that no person representing the city commission made any state | ment at the hearing which could be construed as opposition.
 1 Other persons who attended the hearings also were surprised that any statement would be made which would indicate that any word was said in opposition to the increase. In support | ing the statement that no opposition was shown Commissioner Cooper re- cited the facts as presented to the commission as the hearing progressed 'J. S. Pevear, operating official of the railway company, was the only wit ness examined" said Mr. Cooper. "IIe gave the commission the receiver J reasons for asking the increase at this l time. When he had completed his di- rect testimony the city announced that l it did not care to cross-examine the witness.
 JOHNSTON TALKS
 Later Forney Johnston, attorney ] for the city, made an oral statement of the views of the city, not once did 1 he say the city was opposed to the fn- crease. He did state that the city was convinced that the. street railway sys- | tenn could show a profit on the present l rate of cents, but throughout his statement the commission was led te | believe the city was not opposed to
 the petition. In fact, MT. Johnston al
 once time said the receiver was jus. titled in filing the petition and that he shoes. meaning that he has had a hard
 time during the period the system has i been in his control.
 | After MT. Johnston had concluded his statement the three members oi 1 the commission were convinced there was no point of disagreement between ! the receiver and city, and the president | or the commission, MT Kennedy, ther | asked representatives of the two side.
 If they couldn't get together on de. l clsion which would be issued by the commission, MT. Johnston said he be.
 lleved an agreement could be reached 1 and representatives of the receiver anC
 the city went into conference.
 HE LABS BROWN
 After this conference MT. John l ston and Ellis Brown submitted te
 the commission a draft on two points ! which they requested the commission to include in it's decision. This draft is now on file with the record in this | case and shows on it's face that tht 1 city was not opposed to the increase. | Then taking into consideration tht , fact that the city commission of Bir. mlngham offered no opposition at tn, | hearing and that MT. Brown in ;
 statement in Birmingham, says tn, commission opposed the increase anc
 continues to opose it, I am forced t,
 the conclusion that MT. Brown is blow
 ing hot in one place and cold in tht other, and am forced to wonder if MT
 Brown. believing the opposing side i. the popular one, has his eyes and niint 1 turned toward the day in the not dis,
 tant future when citizens of BirnIinE. ham will be called upon again to nam, ! a city commission:
 CITY'S TWO POINTS
 The draft of the two points whicf MT. Brown and MT. Johnston asked tho public service commission to include ir the decision follows:
 T. The emergency increases in fara. hereby authorized are understood to h. wilhout prejudice to any subseouent uetermination of the commission as tf the accounting disposition to be mad or the net operating income or an, part thereof which may be realized under the revised rates.
 z. IL IS expected in due course the utliitlcs Will present permanent pro gramme for the commiss1on,s consid. eratlon and to that end negotiations
 with the city of Birmingham in pur. suance or Section IS of the public util. itles act of 1920 is invited"
 Mempers of the pubic service com. nlission are expected to prepare a writ. ten opinion in the case, which will be Inaae pubiic before January 1. fur snsr conference will be held next Tues
 day. at which time it is believed th, opinion will be adopted.