The Birmingham age-herald., 1923-04-18
INJUNCTION TYING HANDS IF UTILITY BOARD |S SOUGHT
Brandon Overrides Pardon Board And Frees Lauder
 dale County Man
STATE CAPITAL BUREAU l
 THE AGE-HERALD Monfvnp,ary Ala AnriI T.

Arguments will be made before Judge Henry D. Clayton in the fed eral court Wednesday on the motion of the public service comm ssion for am order dismissing the petition of the Mobile Gas company for per n1anent injunction preventing the commission from reducing the gas rates in Mobile. Hugh White spe- clsl assistant attorney general F. J. Hedger, city attorney of Mobile, will appear for the commission while the Mobile Gas company. will be represented by Harry T. Smith, gen eral counsel
 The public service commission con tends. that it's order of Monday for reValuation of the property of the Mobile Gas company wiped from the records the order TOT reductions in gas rates and that, therefore, the case of the Gas company has be- come a moot one. MT. Smith in pro- ceedings before $. H. Dent. Jr, spe- cial master. Monday declared that he would be prepared to show that the case has not become a moot one.
 o o o
 Evidence Now Useless.
 For many weeks s. II. Dent, Jr., special master, appointed by Judge Henry D. Clayton to investigate The reasonable value of the. properties ot the Mobile Gas company has been receiving evidence which will be worthless as a result of Judge Clay tons order of Saturday night, hold it. g that the valuation Of the proper ty of the Mobile Gas company is es- tGbished by contract at $l,969 ,565 and that no state agency even the leg stature, can change this Yalua- Ii, n.
 .An inspection of the record in the case of the Mobile Gas company and 2 comparison of Judge Ciaytoh's or der of Saturday night with his order naming Mir Dent as special master developed the fact that Alr. Dent was charged with the duty of determin- ing the reasonable valuation of the property although the valuation had already been established and as es- abolished was sustained by Judge Clayton Saturday night.
 Judge Clayton ruled that the state entered into binding and irrevoc- able contract with the Mobile Gas company when it established the val nation at sl.969.565. (This is the original value placed by the commits son which was reduced to Sl,1OO,000 on rehearing an act ot the eommls- sion which the Mobile Gas company has attacked in the federal court.) The order rendered Saturday came five months after Judge Clayton had directed the special master to ascer- tain as speedily as possible The reasonable value of the property. Judge Clayton's order.
 Judge Clayton's order naming MT. Dent special master and defining his duties follows:
 Mobile Gas company, corpora ton. complainant versus Andrew G' Patterson. Ben H. Cooper and 5. Palmer Gaillard. individually ana as members of the Alabama public serV- ice commission, defendants.
 This cause coming on to be heard upon the motionsYof the compianaht fer the appointment of a special mas ter. and ds.tlle same having been: coA- sidered Bs5E the colitt, itis ofdefeu. adjudged and decreed that $. H. Dent. Jr.. be and~he is hereby appointed as special master of this court with run authority and instructions to hold 2 special reference after glVlng que notice of the time and place Of hoid- ing the same to each Of the parues to this suit. and at said reference to take such testimony as may pc ot, fered by the respective parties anu ascertain and report to thls court as speedily as possible;
 "The reasonable value of the prop, erties of the Mobile Gas company anu ,bather or not the schedule or rates nrescribed hy the Alabama puoilc service commission by its order oi July 24. 1922, is confiscatory aiu what would be reasonable annua return upon the properties or sAiu company. .ul r.+urn