The Birmingham age-herald., 1922-03-26

ernOon about o'clock and they did not agree upon a verdict until this morning.
 you will confirm this statement by investiga ton.
 Vote Was Unanimous
 "As to the Anniston water rates, desire to call your attention to the fact that MT. Patterson became pres ident of the commission on January IS, 1921. The petition In this case was filed long subsequent to that date. The taking of, the testimony, the valuation of the company's pro- perties, and the fixation of the rate all taking place after the petition was filed. Both the valuation of the property and the rates fixed in this case were by the unanimous vote of the commission, President Patterson voting affirmatively in the matter,
 Tn this case Hon H. s. Rudisill, then and now mayor of Anniston---l for many years manager of the An niston water plant-wrote the com- under date of October IS, 1921, as follows:
 Being familiar with both
 sides of the matter, I believe l
 am in position to decide whether
 or not your valuation and rates
 are equitable. As far as I am
 personally concerned, I believe
 your decree Is just and fair.
 do not believe any commission
 would have shown any better
 Judgment, or any more fairness
 than your commission has.
 The high character, the excellent Judgment, and the words of Mayor Rudisill acquit the commission of any partiality to the water company. On the other hand, the water company was greatly dissatisfied with the ac- tion of the commission, and has ap- pealed to the courts in this case.
 As to the course which I have pursued generally since I have been a member of the commission, l make the statement--which will be borne out by the records of the comms- sion-that with scarcely an exception I voted adversely to the railroads. except the weak and the short line railroads, in every rate case prior to the World war. Many such pe- titions for increases were denied, and In numerous cases the rates of the carriers were reduced by the com mission on products of the farms and industries.
 Statement of Bunn
 "On yesterday, before the annual meeting of the Birmingham Traffic association, Mir. Bum, the general manager of the association and of the Birmingham Chamber of Com merce, stated in an address that he had tried S7 cases before the com mission during my incumbency. and that all of them had been decided in his favor.
 Since the World war the power or making rates for railroads has been largely assumed by the inter- state commerce. commission I have. as Tar as 1t lay in my power to do so, opposed this tendency of the gov ernment.
 Tt Is true that I have voted for an increase in some public utility rates under pressure of war time conditions, but in every case the evil dence was conclusive that the pub lie could not obtain service unless aooitional revenues were afforded the utiiity. The first duty of com mission Is to the public.
 The public utility act of 1920 passed during your administration. and approved by you, in Section 24 provides:
 Every utility shall be entitled
 10 Just and reasonable rates as
 will enable it at all times to
 iuliy perform it's duties to the
 public, and will, under honest.
 efficient and economical manage
 ment. earn fair net return on the reasonable value of its pro-
 perty devoted to the public ser
 vice. r H
 T have but carried out the pro- visions Of the law. I might be sub lect to just criticism by reason of in. 10 permit return to a utility as great as the return permitted by law Tor the use of capital It has been my object. in each instance, to re- quire the utility to bear a part of the loss incident to postwar conditions.
 Studying Telephone Rates
 When conditions become stable. and will permit reductions in these utility rates which have been raised. consistent with the utilities giving d reasonable and adequate service to the public, I shall consistently work and vote for such reductions. For your information. the commission is now having an examination made by US accountants of the financial re- ports of the telephone company. in connection with its operations for one year under it's new rates. and has recently on citation initiated by me reduced farmers lines and farmers exchange rates in Alabama at an estimated saving to those subscribers of $20.000 a year.
 You say that Mir. Patterson has not received my cooperation, and that by contrast to me the people have in him a true friend. I have no criticism of MT. Patterson.
 As matter of fact. since he has been president of the commission. MT. Patterson has received my hear tiest cooperation. My associate com missioner. Mir. Gaillard, and myself have allowed him to reorganize the entire office force of the commits sion to his own satisfaction, ac- quiescing in the personnel suggested by him. To be specific, the present secretary, rate clerk, two assistant rate clerks, stenographer. filing clerk and accountant, were all suggested by Mir. Patterson and voted for by me.
 "One hundred and eighty 1SO) cases have been decided by the com mission since Mir. Patterson has been president of the commission. Except in one instance, which covers three cocket numbers. Mir. Patterson has not dissented from the action of the commission in a single instance. In other words, he and I have voted alike in 177 cases out of a total of 1S0 decided by the commission since his incumbency. If. therefore, it may be claimed for Mir. Patterson that the people have a true friend in him. I think my claim to the same honor is well authenticated. Very re- B. H. COOPER"