The Birmingham age-herald., 1923-08-15
.SE BR0WER LOSES FIGHT TO
 PREVENT ACTION
Purported Letters By Ala bama Power Company And
 L. & N. R. R. Used
STATE CAPITAL BUREAU l
 THE Af4E-LERALD ! Montgomery, Ala, Aug, IA

Passage of the Merrill bill adopt ing the code of laws prepared by James J. Mayfield, code commissioner ana read by the recess code commit tee featured the session of the Sen late Tuesday afternoon. The vote for the passage of the bill was 27 to s.
 Senator Walter S. Brewer of Jeff erson made fight against the bill, contending that members of the leg lslature did not know what was in the code and should have information regarding the changes before they voted for it's adoption.
 Senator Brewer produced copies of two letters bearing the signatures of William L. Martin, counsel of the Alabama Power company, and George J. Jones, counsel of the Louis- vile and Nashville railroad which re- ferred to meetings with members of the code committee regarding changes which they desired. Senator Brewer said these letters were laid on his desk and that he did not know how they were obtained. The letter bear ing the signature of William l.. Mar tin and addressed to George J. Jones follows:
 Suggest Amendment.
 "The county of Jefferson has re- gently filed against the Alabama Power company suit for $45,000 for
 
 will recall that the supreme court a year SC ago, held constitional the state statue eXempting power com panies from payment of franchise taxes whereupon all power companies were required to pay such taxes since 1911. The supreme court in the recent case of Crane company Vs. state, 90 so S73 (S O. 206 Alabama 393, held that the statue of limitation as to the collection of taxes does not apply as {to either the state or the county. (That it appears not to be the legisla- tive, will that the statue so applies is shown by an examination of sec tions 4S30-32 of the code.
 'It appears to me that no reason exists why, the statue should not ap pl yto state and counties as well as individuals and l am inclosing a sug gested amendment to sections 4S32 of the code so that the amendment will apply to the state and countries ex- cept where the time is specially fixed in sections 4S30-31.
 Please be good enough to suggest these proposed amendments to some members of the code committee, in- viting his attention to the Crane case, supra%
 The, second letter signed by MT. Jones and addressed to W. L. Stanley, Vice president of the Seaboard Air Line railroad follows:
 ubject-Proposed amendment to Alabaha statutes with reference to construction and maintainence or bridges, Viaducts, tunnels, etc, with he view of eliminating grade cross lngs in cities of over S5,000 popu- lation.
 Please refer to your joint letter to Col w. E. Kay, $. R. Prince w. F. Evans, and ourselves dated Atlanta, February [, 1923, on the above sub ject.. e'tss4
 We think we'll of your suggested amendments to sections 1296 and 129S Of the code of Ala bama.
 However, we believe it would be fest to try to handle the proposed amendments through the recess code committee, instead of by d bill to be introduced at the adjourned session of the legislature, after July 10.
 We suggest that eff 1t meets the approval of attorneys of other in- terested carriers), we present to members of the code committe (All of whom ar able, high class, con serVatiVe laWyers), amendments to the code sections mentioned, sub stantially as outlined in your draft of proposed bill.
 Tt may be that, during the sum- mer at one of the sessions of the said committee (whose first session will be held on the 27th inst Git would be well for the attorneys to whom your letter is addressed, or their representatives as will as attorneys of other lines operating in Ala abama to join us in conference with members of recess code committee; we are therefore, sending copy of this letter to each of the attorneys above named. as well as to attorneys of the other lines operating in Alabama.
 
 Attorneys Cooperate.
 For convenience we have drafted the proposed amendments to each section of the code in the shape in which it would probably be best to present them to the code committee. We are enclosing herwith "a copy to you and to each of the other attor- neys to whom your letter was ad- dressed. as we'll as to attorneys of other lines operating in Alabama.
 We shall be pleased to have sug- Ngestions that may occur to any of neys to \ hom copies of this letter will be sent not only as to whether it is deemed advisable to have a con- ference of attorneys but any sug- gstions that may occur to any of them sarin gon the policy to be pur- sued to accomplish desired results: and. if a conference is deemed advisi- ble we hold ourselves to join such conference, at the this office or else where at such time as may be sug- gested by you or any of the other attorneys to whom copy of this letter is sent. h
 'If it shall develop. we cannot handle the matter with the recess code committee we can then Gin line with your suggestion), have the bill, draft of which you sent us, entitled, An act to amend sections 1296 and 129S of the code of Alabama" intro