The Birmingham age-herald., 1921-07-09
TON OF STREET CAR r
 COMPANY IS URGED BY JOHNSTON |
 BRADLY STATES ITLSLOSLNG GAME
Hearing of Proposed Increase
 of Street Car Fare Before Public Service Commission Is Featured by Frequent Clashes of Opposing Counsel

Reorganization of the Blrmlng- ham Railway, Light and Power company to obtain additional needed capital rather than increasing fares to accomplish this object, thus mak- ing the public pay, was urged by Forney Johnston, special counsel for the city, arguing the matter be- fore the. Alabama public service commission, sitting at the Jefferson county courthouse yesterday after noon.
 The receiver of the Birmingham Railway, Light and Power company is confronted with a grave situation at present, MT. Bradley sai in open ing his argument. The situation now is more grave than it was last No vember. Now relief must be had for creditors who hold bills long past due.
 UnIess relief Is granted by the
 public service commission. Mir.
 Bradley said. the property would
 definitely turn back to condi-
 tion worse than that of 1918. Un-
 der the law the public service
 commission must reduce as well
 as increase rates There Is no
 reason why this increase should
 stand any longer thnn necessary.
 Business depression and the in of tb hu brought [ about the present situation, he as serted. The situation is so bad thai he, as receiver, insists that rate incI ease be granted. A transfer charge alone would be sufficient. The increase fare was also needed.
 Hearing Closed
 The hearing ended at 6:lO o'clock last night. members of the commis- sion stating their decision would be given in about 30 days. Commission CTS Gailliard, Cooper and President Patterson were to leave for Montgo- mery this morning
 Of necessity MT. Johnston declared. this reorganization must be financed by local capital to serve the best in- terests of the public. The present owners should be made to pay into the property about $2,000,000 of deferred maintenance which has been taken care of during the receivership. If the rate increase Is granted, this will never take place, he said. The city of Birmingham stands ready to assist in reorganization Of the property, he asserted. There has been no time when the city commis- sion was indisposed to view the situa- ton other than with favorable at- titude toward helping in this action Assurances that funds going into the treasury of the company were be- in.g administered efficiently would be | necessary, he said. Owners of the property must be found closer home before a true realization of responsi bility to the public would be evident 1 Mir Johnston declared that he was astonished to find that the receive | declared that no responsibility existed | on the part of the owners to the l community. He said that if the prop | erty had been handled properly, funds used by the receiver for capital ex- penditures, taken from operating | revenues would have been placed 1T l the treasury.
 The city has never been disposed not to take into consideration tho troubles of any utility within it' borders, he stated.
 Economies Practised Replying to Mir. Johnston's state ments that economies should be prac- ticed, MT. Bradley declared that the policy of the receivership has always been one of administering the prop erty efficiently and economically | giving the public excellent servlc' and expecting the public to pay fol | this service. Great economies have been practiced in the last five months l he asserted, expenses being reduced more than $2,000 per day.
 Mir Bradley said that he had beer before the public service commission twice since assuming the receiver ship of the company. First he was 1 there in regard to the 6-cent fare which was not opposed and then or the 7-cent fare. The city was repre- sented at this last hearing, he said
 He reviewed the migration of labor during the period of high wartime prices, when many men left the com Ipanys employ for higher wages ant better employment, forcing him t l form a new organization.
 Testimony in the hearing closes yes s.erday afternoon at 3:l0 o'clock when I. W. Ross, consulting engineer for the city. left the stand MT Ross was the only witness for the city anc J. $. Pevear, general manager for the receiver. the only "l'nss for the receiver.
 Underwater Contract
 Mir. Bradley Immediately began his argument in the case, after Walter s. Brewer, counsel for the city, gav' notice that the Tidewater contrac and franchise would be filled as al exhibit in connection with the hear ing.
 In opening the argument for tn' city. MT. Brewer attacked the peti' tion for elimination of the automatic reduction of electric light rates. H' stated that no question of fair re- turr had been raised, but that was declared that the action wal Id asired so that rates would be made on a scientific basis.
 When Mir. Brewer undertook ' I criticize the temporary agreemen with the Alabama Power compan! providing additional compensation Commissioner Cooper interrupted He stated that the commission hal I authorized this because it though this contract unfair to the powel company.
 This is the time for things to com down, Mir. Brewer stated. Instead o this, the receiver was trying to DOGS lthem. The mass of the people Vii be forced to bear the burden if tn I petition is granted, he said. | Estimate of Revenue
 Tn his argument, MT. Jonnsto' charged that the formation Of the pc tition to the commission began no more than two weeks later than tf date of Mir revear's estimate Of rev euue and expenses on May 4. He fe viewed agitation for jitney reguia 1 tion at that time and stated Una he did not believe Mir. Pevear feare the jitney as the "moloch tnat VIZ