The Birmingham age-herald., 1921-06-17

rot be expected to behave themselves without someone to look after them, especially 12 youngsters as full of life as these little girlies were. nurse was inevitable. And she was Fl city young girl all dressed u2 in ceivers petition to the court sug- gests that this contract prevents any consideration of economies in re- respect of wages and salaries. No one suggests 8 breach of that con- tract, although franchises and other contracts of utilities seem to have lost something of their former sol- emnity in certain quarters.
 "It was not regarded as breach of contract when the employees very properly approached the manage notwithstanding a contract and secured an agreement for a raise in wages, although conditioned on an increase in fares. It would not con stitute a breach of agreement for the receiver to negotiate with all em- ployes to consider whether a process found essential to the steel industry and the 250.000 miles of trunk line railroad, may not afford basis for some relief to the operations of this property.
 T make this reference to wages and salaries on my sole responsibil- ity as matter to be considered, among other economies. before and not after an application for in creased rates.
 Jitney Ordinance
 Now let us say this about the jitneys. The proposal for increased fares was presented to the court. o,1 a, hxtrifh fiIad with the public service commission, before intelligent legislative action could be taken by the city commi ssion on the subject of jitney competition.
 "The .well-intentioned friends of the utility, active with somewhat unnecessary zeal, have pressed upon the commission with great energy proposals for police measures ex- cluding jitney operation. The police power of the state represents the citizens most extreme concession in favor of organized society. It is diseoncerting to find civic organize . tions of high potential usefulness to the community pressing upon leg islative body proposals for drastic and hasty action under the police power.
 Many of these jitney operators are casuals who should be excluded internationally, but police measures restricting liberty of action in di- rections not inherently or neces- sarily vicious and representing a kpossible means of livelihood, should be adopted only after patient con- sideration.
 "An ordinance has been adopted which will have appreciable effect in excluding casual jitneys, danger ous vehicles, overcrowding and will afford substantial relief in the mat ter of blockading and passenger rob bing One of the commissioners IS of the opinion that the ordinance should have been more effective less tentative and experimental in character.
 "As to this detail l am not speak ing by authority from these gentle men. I assume that their respective positions in this matter are wei, known. I understand that the other members of the commission desire first to reduce the jitney proposition to a basis of primary regulation in order that the definite competition from jitneys may be studied and as- certained I understand that the | commission is unanimous in its read mess to protect the public from in fury and the utility from unfair | competition and. on final analysls, to weigh and act upon the relative advantages to the public which may be endangered notwithstanding the proposed partial regulation. 1 .It tr obvious that this study has
 not been made by the receiver
 and cannot be made for n suffi- cient time after the jitney ordf-
 nance becomes effective to pre-
 sent the matter on its merits to the public service commission.
 This is no time to be impulsive,
 and I repeat that these proceed
 ings for increase in fares and
 rates should rest on more sub-
 stantial showing of seif-hclp ana on more thorough test of the conditions thought to be burden
 some, than is to be found in the
 course now being pursued.
 | "The petition for revision of the terms of the outstanding contracts I toi domestic and commercial lighting 7, so as to avoid the approaching auto matic reduction in lighting rates, Is important in it's recognition by ths receiver that each utility should be I considered separately on scientific basis, that is, on the basis of fait return upon the value of the property involved The consequences of this suggestion probably involve a reduc- ton of substantially more in the way of electric rates than the automatic reduction proposed 10 be eliminated
 That consideration will be pressed upon the public service commission
 "Under the whole situation the
 commission regards the action of
 the receiver as premature and l inopportune. notwithstanding the
 courts approval which seems to enable the receiver to make ssuch extensions as are necessary to
 provide for the growth of the com nm unity, miscOnceptiOn
 which has already thrown upon the recetverxhip burdens in re- spect of capital expenditures and
 In making good deferred mafnte nance which arc In no sense ap-
 pr0priate burdens upon current operating income.
 There is no disposition whateve
 uron any member of the commission to ignore the reasonable necessitie
 of this indispensable public utilit,