The Birmingham age-herald., 1922-12-15

duty bound to decide it. The amazing spectacle of the president of the com- mission engaging in a tirade of pub lie criticism of his asseciates growing out of the cons sim~~fion of case pending before Them in conference can best he understood by parallelng
 similar conduct on the part of the chief Justice of the supreme court of Alabama, if the chief justice were so interested from political or person.
 al standpoint in the decision of a case before that court that he should
 attack his associates in the press in a series of misstatements and un-
 truths the public would be astounded
 at such highly improper and dis
 graceful action.
 "The associate commissioners have placed a valuation of S33S43,25 on the properties of the Alabama Power company. No fair minded or intelli- gent man in the state. who would de- vote his time to an investigation Of the latter. can fail to be convinced that this amount is a reasonable value of these properties, fair alike to the public and to the utility
 No fair-minGed man who knows that fact and the motives actuating the president of the commission can fail to see anything in his outburst except a political tirade, improper, unfair, unjust. untrue and lacking in every element of manliness and square dealing"
 GaIlIard's statement
 Commissioner Gaillard's statement opened with a statement bordering on the libelous by attacking Pres ident Patterson's yeracity and inter- preting the presidents statement as being inspired by his alleged political ambition.
 The statement continues:
 "It is untrue that the associate commissioners proceeded in disregard of the law requiring that original cost be considered In determining the value of this eompany's proper ties nor is it true that only on Tues day did the Alabama Power company make available it's records from which to ascertain original cost. More than two years ago the com pany's books were opened to the en- gineering and accounting firm of Hagenah X Erickerson. employed by the commission, who had a corps of accountants examining said books and original cost studies were made and reported to the commission more than year ago. The commission consulting engineer made original cost studies and filed them with the commission more than six months ago, and recently on requests of the commission, the company furnished other information as to an item of ,"unclassified expenditures" and brought to Montgomery its general ledger for further inspection on Fri day last and again on Tuesday. This current ledger was taken back to the lcompanys office Friday on the au- thoritY of President Patterson speak ing for the commission. On Friday the commission, through Commis- sioner Gallard, directed Accountant Carl Gumpf who works for the com mission, to proceed at once to Bir- mingham to be present when certain specific papers were searched for at the commissions request and to make such further checks of the books as he might see fit. Someone instructed him not to go and he did not
 "The commission has been in posi- | ton to decide this valuation case for several months and any unreadiness on the part of any of it's members is ! from design. The duty of this case rests directly on the present members who have heard voluminous testimony land have been studying the evidence as presented for over year. l have lno desire to sidestep the performance .of plain duty whenever it presents l Itself .