The Birmingham age-herald., 1923-01-12
FIRST VALUAT |ON
 IF GAS COMPA ANY HELD PERMANENT
Mobile Utility Sticks by 0ri- glnal Valuation and Seeks to Force Cancellation of
 Second Order
STATE CAPITAL BUREAU l
 THE AGE-HERALD } Montgomery. Ala, Jan. II

Montgomery. Ala. Jan. II
 Alleging that the action of the Alabama public service commission in reviewing it's original valuation of sf,s69,565 and reducing the valua- ton to s1.7oo.oo0 was a disregard of the law, the Mobile Gas company Thursday filed bill in the equity division of the Montgomery circuit court seeking writ of mandamus requiring the commission to cancel it's revised valuation order.
 No date has been set for the hear ing of the petition. The bill was filed on permission of the public service commission which was obtained shortly before the petition was filed. The company filed with the commis- sion bond covering any cost which may be incurred in the case.
 Says Valuation Final
 The petition reeited the fact that the commission issued an order Feb ruary II. 1922 which established the tion of the company's property used and useful in the public serv- ice" as of December 31, 1921, at $1.969,565 that the company filed a protest which was withdrawn and that the commission valuation be- came final March 16, 1922.
 It was further alleged that the commission, although the valuation had become final, undertook to make Ia further investigation and to set lower valuation and that an order was issued July 24, establishing the valuation at s1.700.000. The petition stated that the real value of the property is more than $2.000,000
 Says Order COnfiscntory
 Not only is said valuation of s1,700.0 greatly less than the req sonable value of this companys prop critics. used and useful in the pub lie service. but the discrepancy is so great that the fixing of said value lat s1,700,000 as a permanent basic valuation of the company's properties for the purpose of all future rate making, as the statute provides is and will be confiscatory and will result in requiring this company to devote it's said properties to the public use at a confiscatory rate in violation or the constitutional guarantee con tained in the fifth and fourteenth amendments of the constitution of the United States" said the petition.
 Harry T. Smith and Caffey of Mo bile, counsel for the company, filed the petition. At the hearing the pub lie service commission will be repre- sented by Attorney General Harwell G. Davis.
 Althought the fact is not set out lin the petition, the commission granted the rehearing of the case at the request of the city commission pany had withdrawn it's protest. The gas company will contend that the valuation became final before the case was reopened by the commis- sion.
 CURTIS LOSES OUT
 J. J. Curtis, republican judge of the Fourteenth judicial circuit lost finally in the supreme court today in his effort to prevent the revoca- ton of. his order for the quashing of the jury box of Winston county. The supreme court rendered a de- cision sustaining the demurrer of the attorney general which had the effect of striking Judge Curtis an swer from the records. Judge Cur tis ordered the jury box quashed shortly before his brother, John $. Curtis. former probate judge of Win ston county, was scheduled to be placed on trial on indictment re- sulting from an investigation of his office
 The attorney general answered for a writ of mandamus requiring Judge J. J. Curtis to vacate the order, alleging that while the order indicated the judges action came up in another case, the real purpose was to obtain other jurors for the trial of his brother. Judge J. J. Curtis demurred to the states petition but his demurrer was overruled. He then filed an answer in which he alleged that he had authority in law for his order and that the attorney gen eral had been guilty of various or lenses in connection with the case
 Attorney General Davis demurred to the answer in which he request ed the court to strike the answer from the records. The sustaining of the demurrer had the effect of striking the answer Since Judge Curtis filed the answer under oath it is not probable grounds can be
 fContfnued On Pare TWO)