The Birmingham age-herald., 1923-02-09
SENATOR BR0WE ERS VALUATION BILL |S PASSED BY HOUSE
Only Two Dissenting Votes Against Senate Measure Which Is Now Ready for
 Governors Signature
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(Contfnued From Page OneD tee. When it was called Representa- tive Long made a motion for the postponement of the bill and for the printing of 500 copies, contending that members of the house did not know the provisions of the bill. Rep resentative Luck moved to table MT. Longs motion, and it was tabled by a vote of 59 to 32.
 Mir. Luck then appealed for the de- charging that they were presented to the committee by attorneys for the Alabama Power company and that they would be unfair to the people because they gave the circuit court of Montgomery county and the su- preme court of the state the right to upset the valuation established the commission, although the com mission had been elected by the peo- pie to do just the work required by the law.
 Against Such Power te Court.
 He argued that 1t is not right for a judge of tho Montgomery circuit court elected by one county to upset the valuation established by a com mission elected by the entire state a valuation reached after thorough in vestigation. He insisted that it is proper for an appeal to be carried to a court and that the court should have no greater power than to re- turn the case to the commission for further consideration.
 During his address Representative Luck was interrupted by Represent ative Coleman of Marshall, who asked:
 Did I hear you say those amend ments were prepared by attorneys for Alabama Power company
 representative Luck answered es, they were presented by MT. J.
 ritz Thompson"
 Then I move to lay the amend ments on the table," said Represent ative Coleman. The motion was put to the house because MT. Coleman had been recognized for the purpose
 Representative c. B. Werner of Tus- caloosa followed MT. Luck in an ap- peal for the adoption of the commit tee amendment. He said the court should have the power to revise val uation orders by the commission and charged that the commission might flop around in an effort to determine public opinion before rendering de- cision He said the amendment pro- viding for appeals merely gave judges learned in the law and trained in deciding disputes the right to pass upon the valuation established by the commission and to amend them as they see fit. He contended that the courts were better prepared to pass upon the valuation of public utilities than the commission.
 Werner for Restriction
 In defense of the other amend ment restricting the investigation of records by the commission to matters involved in cases docketed, MT. Yer ner contended that it is not right for the books of utilities to be subject to inquiry at allttimes by the com mission, and that unless the amend ment was adopted the commission, without reason whatever, could send men into the offices of <the utilities and inspect their books.
 Representative Tiller of Geneva speaking against the amendment, in- sisted that the public service com mission elected by all the people of Alabama would give justice alike to
 
 have the right to establish the final valuation and to make such inspec- tion as it may deem necessary in the interest of the public.
 Answering Mir. Nerner's statement that it is not right for the books of utilities to be inspected when no cases are pending. Mir. Tiller pointed out that MT. Werner is interested in a bank at Tuscaloosa, and that bank examiners go into his bank without notice and inspect books
 Representative Fite's Amendment
 Representative Fite of Jefferson offered an amendment to the com mittee amendment providing that ap- peals from valuation orders should go to the circuit court of the county in which the principal office of the utility is located He said he knew his amendment and the committee amendment would not be adopted, but contended that it is right and proper to give an appeal to the courts in any case,
 Representative Glenn of Lauder dale moved to table Mir. Fite's amend ment and it was tabled. MT Glenn then moved to table the committee amendments and they were tables, S5 to g. Those who voted against the tabling of the committee amendments were Cunningham, Fite, Goode, Good wyn, Grove, Guy, Halter, Werner and Walker. After the committee amend ments were tabled, the house passed