The Birmingham age-herald., 1922-05-27

In Mobile presumably upon personal political business, is based upon such limited reports of tho recent order of the interstate commerce commits sion as were carried In the daily newspapers and without any official or authoritative knowledge of the terms and nature of such order of the interstate commission. An of ficial copy of such order can, and will be had by our commission with in few days. The press has car Tied within the last few days. mo- tice that the interstate commission has requested the railroads to advise them not later than May 3l, less than week hence, if 1t was their purpose to contest the order in the courts. It is plain, therefore, that 1t is not the part of prudence or wisdom for our commission to make and publish an order in this cause until we have authoritative knowl- edge of the contents of the order of the federal commission. nor until we see just what situation may develop within the week because of the cir cumstances above noted.
 2. There is no necessity for tho iGsAdlt0 Ol buCH OTutF on InIS QaY, which cannot be fully met by wait Ing a few days until our commits sion can obtain and act upon defi- nite, authoritative knowledge of the order of the federal commission, and all the matters involved in connec- ton herewith. We sit as judges and should always be in position to justify our judgments by sufficient and reliable knowledge of the facts before making and issing any order. Besides, it Is an evident fact that neither the state nor any shipper in the state, can lose one penny by postponement of the issuance of this order by the Alabama commission un- til after June l.
 8. From the above statement ofsths facts relative to this matter, 1t is apparent that the frantic haste of Commissioners Gaillard and Cooper to make and Issue this order is prompted by politics and not by com mon sense and the exercise of a ju- dicia1 judgment. This statement is justified because of the fact that, contrary to the wise rule which ex- ists in every court, or quasi court that all members of the court should be consulted and advised with be-
 
 vance notice Co the press of the opin- ion or order which such court will probably issue, or which he will ask it to issue, the associate commission CT who is the author of the order, before he consulted with all the oth- CT members of the commission, as to the proposed order rushed into the newspapers, with his announcement of the order. proudly proclaiming himself as the author thereof. The facts are that the commissioner who wrote this order had absolutely nothing to do with the federal order which it is indicated by the press will give the country some relief from existing freight rates.
 4. The frantic haste of Commits sioners Gaillard and Cooper 10 make and issue this order, Is in my judg- ment neither seemly nor wise. and stands out in bold contrast to the years of inactivity which have mark ed the offocial course of each of them on this commission so far as their efforts are concerned with respect to obtaining relief for the people from burdensome rates of railroads, tele- phone companies, gas companies. and so on down the list, which relief if they at all times, both when an elec- tion was coming on, and when the election day was long time off, had desired to give, they could have given, because for many years they have constituted a majority of this com mission and could have controlled it's action. just as now.
 5. The people know my position in all these matters, and will understand and appreciate why I cannot with due regard to what is wise and proper vote for the issuance of this order at this time, when by waiting a few days only. nothing will be lost to bers of the commission could obtain and have before them definite, full land authoritative knowledge upon which to act. The motives which prompt the order are as l have shown. political. and not judicial. For the reasons herein set out, I object to the issuance of this order at this time.
 He further declared that the fran tic haste" in this case stands as a bold contract "to the years of inactiv- ity which have marked the official course of each of them on this com mission so far as their efforts are concerned with respect to obtaining EelieI TOT lHe peOplt iTOtn DuTQcH- some rates of railroads, telephone companies, gas companies and so on down the list, which relief if they at all times, both when an election was coming on. and when the election day was long time off. had desired to give they could have given because for many years they have constituted a majority of this commission and could have controlled it's action just as now"
 Concluding the dissenting opinion, President Patterson said: The people know my position in all these matters and will understand and ap- preciate why cannot with due re- gard to what Is wise and proper vote for the issuance of this order at this time, when by waiting a few days cnly, nothing will be lost to any cit izen of the state and the members of the commission could obtain and have before them definite, full and au- thoritative knowledge upon which to act The motives which prompt the order are as I have shown political ard not judicial For the reasons herein set out I object to the issuance of this order at this time"
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 KILBY ISSUES PAROLES
 Montgomery, May 26.-- (Special.)-- I.~k ktrr. s.f q -<A