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

CommiS Ssloner Cooper also declared that President Patterson had received the cooperation of his associates; that he was permitted to name the employees of the commission. and that of the 1S0 cases decided by the com mission since MT. Patterson became president MT. Patterson has dissented only one time in one case, which bears three docket numbers, thus showing that the associate commissioners ovted with the president of the com mission TIT times out of 1S0 decisions rendered since MT. Patterson took off, flee.
 KiIby's Reply
 Governor Kilby's reply to Commis- sioner Cooper's letter, which by the exchange of notes between the gov ernor and Commissioner Gaillard, also applied to MT. Gaillard, follows;
 "Replying to your letter of March IT I beg to say that your statement concerning the fixing of the Anniston gas rate is correct and that you may also be correct in the further state ment that "the highest gas rates in force in Alabama are those fixed by municipal authorities and not by tho public service commission. The same statement applies to electric light and power rates.' l certainly nope you dIe NOIItCls | nave llO means of making comparisons while you as a public service commissioner are supposed to be informed as to such matters. Besides. l am not dis posed to question the statement be- cause the public utilities act was designed to bring about fair, just and equitable rates and I believe that proper administration of the law will produce such rates and fully justify it's existence.
 You say that I have done you an injustice before the people of Ala bana. assure you that I had no such intention. What I stated in the interview was based on statements made to me by MT. A. G. Patterson, president of the public service com mission. l have shown your letters to Mir. Patterson. He reiterates his statement that you and Mir. Gaillard have not given him that degree of cooperation calculated to produce the greatest possible amount of good for the public and that as a conse- quence his hands have been tied. I say to you frankly that the record on It's face, as given In your letter, seems to refute. the charge, but nevertheless MT. Patterson maintains that the charge is true and that an analysis of the record will prove it's truth.
 Has No Personal Knowledge
 T have no personal knowledge of these matters except as they relate to the employment of the secretary of the commission. In that matter you did not cooperate with Mir. Pat terson. The change was not made in a spirit of co-operation.s but as re- suit of outside pressure which threat ened your political interests.
 For the rest, as I have stated. I have no personal knowledge. I have given you my authority for what I said in the interview and it is now a matter between you and him.
 q want to again assure you and Mir. Gaillard that have no intention whatever of doing either an in- justice and if it turns out that have done so unwittingly I am extremely sorry. The interview was given for the purpose of directing public at tention to what l believed at the time and what I now believe to be fact, namely, that the public service commission is not accomplishing what it was designed to accomplish. As to Just where the blame lies, that is now matter for the people. whose business 1t is to decide"
 Commissioner Gaillard made the re-
 
 which follows:
 T beg to acknowledge receipt of your favor of yesterday to Hon. B. H. Cooper, (which by supplementary notes to and from you was to be treated as in reply to my. note to. you). l have carefully noted your statement that the interview reflect ing upon Mir. Cooper and myseK was based upon statements made to you kxr M~ Dot III :. have no personal knowledge in veri- fication thereof and that 1t is now a matter between Mir. Patterson and ourselves.
 Record of Commissioners
 T note With appreciation the clause wherein you say: Frankly, that the record on its face Z. seems to refute the charge of our lack of cooperation with Mir. Patter- son.
 That record is true in letter and spirit and l beg to assure you that neither your interview nor letter shall be permitted to raise any is- sue with our associate or to disturb our harmonious cooperation with him in the future as in the past for we fully realize that this is due the public by each of the three commissioners.
 We confidently submit our record on all these matters to the people whose business it is to decide"
 Commissioner Cooper's letter which brought Governor Kilby's reply fol- lows:
 Gov. Thomas E. Kilby. Montgom- cry. Alabama.
 My dear Governor:
 Your interview in Anniston on Monday, March 1s. 1922, has been called to my attention.
 Tn your interview feel that you have unwittingly done me serious inJustice before the people of Ala pama. at time when. on account of the approaching election, the injus- tice may be specially harmful to me.
 AnnistOn Situation
 You dealt primarily with the Gas company situation at Ami ston. I beg to call your attention to the fact that the Anniston gas rate was not fixed by the public service commits sion, but was fixed by the Anniston municipal authorities before the pub lie service commission had jurisdic- tion over those rates. during the in cumbency of Mayor J. l.. Wikle. Furthermore. no application has been made by the city of Anniston to the public service commission for can cellation of this contract since .he public service commission had juris- diction over municipal rate con- tracts.
 If you will go into the subject, you will find that the highest gas rates in force in Alabama are those fixed by municipal authorities. and rot by the public service commission. and. singularly enough. the gas rates fixed by municipal authorities though high in comparison with those fixed by the public service commission. have apparently occasioned no pro- test from the patrons and subscribers of the in ho i,i-