The Birmingham age-herald., 1921-09-23
INTERSTATE RATE
 HEARING PUT OFF
 UNTIL NOVEMBER ]
But Particular Rate Redress Will Be Sought-0. L. Bum Cautionary
 Tactics

A%H( ~NAADohlo P0OAAN SCL NlSC COAi~ mission. has postponed the general hearing on the Conner commodity rates until November ', according to advice received by o. L. Bum, general manager of the Birming- ham Traffic Bureau. The hearing was set for October 8.
 The postponement has the effect of continuing the 25 per cent increase on these rates under the increase or dered by the interstate commerce commission in August
 However, the public service com mission will hear reasons for grant ing lower rates on specific conmo- dities, among which are those under stood to have been most severely dealt with under the rate increased on October 5, according to schedule.
 Postpone ment of the general hear ing does not forfeit any rights Of the state or shippers, but, according to MT. Bum, is the practical procedure until the supreme court or the United States decides the question of jurls- diction. The matter IS now betore the United States court.
 Special rate cases that will be- con sidered October are those on cot ton, cotton lnters, reglns, coal and coke and grain products. The trat- tic bureau of the state will make a fight for redress In these particular instances.
 Would Not Run Risks
 
 to run risk of having it's entire fabric of intrastate rates brought beIore the interstate commerce commi ssion pending decision of the matter or Jurisdiction. He pointed out that in the Meridian rate case, for instance, Alabama intrastate rates in part ot Alabama have been four times knocked into q cooked hat by decision of the interstate commerce commis- sion, Each time the rates have been suspended. but because they have not proven satisfactory to anyone, yet the threat hangs over the head of Ala ban.a by reason of these rates hay ing been taken before the interstate commerce commission.
 Action of the public service com mission in postponing the general hearing seems to have been in line with MT. Bunn's argument as to tac- tics.
 In this connection MT. Bum says:
 MT. Bunns Position
 "U. S. supreme court now has be- fore it the question of the constitu- tionality of section Is of the inter- state commerce commission act, giv- ing the interstate commerce commis- sion authority over state rates, and 1t is my opinion, that no state commis- sion ought to make any radical change, in regard to state rates un- til that question has been declued by the supreme court.
 The carriers are anxious that this question come up. knowing full well that under the present law they can get what they have been trying to get for long number of years. EV- cry shipper in Alabama knows that not over two years ago the carriers asked for a general revision of Ala bama state rates and the Birming- ham Traffic association spent more than one week in Montgomery op- posing the same Just about the time the Alabama commission was making ready to hand down it's de- cision, the carriers for unknown reasons asked that the case be closed without prejudice and without de- cision realizing that under the law as then written the decision of the state commission would be final ana from the evidence they have adduced 1t was obvious they would get no re- lief because they had utterly failed 10 prove that our state rates were un- reasonably low in comparison With other state rates.
 Don't Afford Opportunity
 q feel that considering the entire premises, the Alabama public serVice commission should continue In ef1ect that opportunity to bring this matter before the interstate commerce com mission.
 There are of course, rates on cer- tain commodities that are unreason- ably high and in fact are unjust and even discriminatory Ihese rates of course should be handled es they are brought to the attention of the commission just as the said commission has been doing in the past.
 "It is within the jurisdiction or the Alabama commission to extend the present general basis indefinite ly from. time to time and in my opin- ion this they should do and take TO definite and positive stand to the general level until after the U. B. SUI nreme court has said to what extent the Alabama public service commis- sion has authority over state rates exclusively"