The Birmingham age-herald., 1923-10-14

for the opinion. on which he now alone predicts and seeks to justify this recent sale to the Alabama Power company.
 Government Had Contracts.
 The Alabama Power company, aft CT the default occurred, as it alleges, in July 1921, entered into written contract with the government, whereby it was obligated to furnish current to the government at Muscle Shoals, and by the terms of this contract it was stipulated that the power company should rse the gov- ernment- owned property located on the power company's land for the purpose of carrying out the contract, it being recognized that only by the use of this government property could the power company supply the current it was obligated to supply at Muscle Shoals. This contract was first made in 1921, was renewed on Jnune 30, 1922, for l2 months ana was again renewed on June 30, 1923, to June 90, 1924, with stipulation that the governm ent should have the right of yearly renewals thereafter. These renewals were in the form of new contracts setting out in extenso all terms and conditions, and made revocable only at the instance of the x contract provided that if the power company failed to supply current, the government could utilize such property of the power company as was located on the government land for that purpose. Under this contact the amount paid to tho power com pany for some months has been con siderable, and the government is re- uuired to take minimum amount of current and pay certain minimum sum monthly whether any current is used or not.
 Here. then, we find on file in the war department direct obligation in writing based on valuable con sideration, whereby the power coC- pany is obligated to use this gov ernment-owned property, located on the power company's land, for the purpose of supplying current to the government up to and inclrding June 30, 1924, this contract being Tn Iuli force prior to, during. and since April 4, 1923, and the government has been regularly taking and paylng for current under this contract with the power company since the con tract was first made.
 9 Now in reference to the claim or the power company, as set out In the April, 1923, notice that the govern ment had taken no current rom the power company for the two years next following July l, 1919, the rec ords of the war department in the ordnance office contradict this state ment flatly and show that the gov ernment had been regularly taking current from the power company prior to July, 1921 and for the lz months next preceding July l, 1921, sum of S73,461.72, representing an average monthly payment of more than six thousand dollars.
 Leases On steam Plant.
 AS bearing on the good faith or the power company in giving the Aprli notice to the government to remove the governments property, unless the said property was sold to the power company, it may be interest ing to note two leases of govern ment steam plants made by the pow CT company and which were In torce before, on, and since September z4' 1923.
 The power company prior to April, 1923, leased from the government US steam power plant at Muscle Shoals for the purpose of supplying what, on it's application for the lease, were stated as urgent emerg ency needs III Georgia, North Carolina and Soutn Carolina, and was given full rlght to use the Gorgas transmission line and other accessories in connection with the power plant at Muscle Shoals to carry out these purposes The power company agreed to pay the government s10.o00 month TOT the use of this property. ana tnls M lease does not expire before De- cember, 1923. The Secretary of War recites in the lease that it was foI the public good that the lease be ex- ecuted in order that emergency busl-