The Birmingham age-herald., 1922-05-02
The Gorgas Steam Plant MT. Ford's Latest Modification

constructor or M1CcHeIl DdHl ildhCo necessary a corresponding increase of steam power as a standby in time ot low water, if the Alabama Power Com pany continues to render uninterrupted service to the public Consequently, upon the completion of Mitchell Dam the entire capacity of the Gorgas plant, including the original plant as 1t was completed by the company, and the ad- ditional unit which was installed under contract with the government during the war, will be necessary to assure to the public a continuous supply of power.
 If this additional unit, so installed under contract with the government, should not be available to supply steam power during times of low water, it would be necessary for the Power Com pany to construct a similar substitute unit at the Gorgas plant, or an addition al steam plant elsewhere.
 The contract with the government into which the company entered looked forward to this very situation, and this condition having arisen through de- mand on the system for additional power, the company should not now be deprived of the opportunity to purchase the government unit at a fair value to be fixed by arbitration, according to the terms of the contract.
 The physical conditions at the Cor gas plant are such that the original unit which was built by the Power Company cannot be separated from the unit which was installed by the government so as to permit the operation of the two units separately. The government did not acquire lands or construct facilities necessary to make self-contained plant, but merely obtained from the company the right to install additional power-producing facilities upon the lands and existing foundations owned by the Power Company.
 The acceptance by the United States of MT. Ford's first proposal would have made it necessary for the United States to take the entire Gorgas plant-not only the extension made during the war with government funds, but also the original plant and the lands upon which 1t is located, which are owned, by the Power Company.
 Under MT. Ford's latest modification of his proposal, as announced by the press on April 18th, he agrees to accept an assignment and transfer by the United States of "all rights, title, in- tereSt, powers and benefits belonging to or which may accrue to the United States under the terms of the Gorgas contract with the Alabama Power Com- pany; providing, however, that the va- lldlty of. the contract shall not be af- fected by the transfer or assignment.
 By the latest modification MT. Ford seems to say to the United States: "As- slgn to me your contract with the Power Company will then undertake to wrest from that company the property so much desire. If the contract is only moral con- tract, made by the United States merely for war purposes will have the courts set it aside.'
 Ii this latest proposal should be accent ed and the United States transfer to MT. Ford the rights, privileges, etc.. of the Uhlted States under the contract in uues- ton, the result would be that Mir. Ford could then become the actor and insist in the courts that he be placed in possession o1 the government unit at the Gorgas plant. ana that he acquire in some manner or fashion the lands of the Alabama Power Company upon which this government unit is located.
 Fms, of course, would be an open viola. !ion o1 the terms of the contract introduce Ing new parties into it's enforcement. which was never contemplated by the United states and the Power Company when the contract was entered into.
 These are questions in which others he. sides the Alabama Power Company and Mr. Ford are interested. The Gorcas plant as has been stated heretofore. sup- plies 57 per cent of the output of power hv the Alabama Power Company during low water on the Coosa river Any interfer- uvifh ho v>1o