The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-01-13
Vigorous Complaint Lodged
Against Tentative Valuation
of Alabama Power Co. by the
BeSsemer Coal and Iron Co.
and Alabama MiningInstitute
SAY VALUE EXCESSIVE
BY 10 OR IL MILLIONS
Under New Point Raised Fight
May Go Into Courts, Utility
Claiming in Absence Protest
by Them Tentative Valuation
of $33,843,252 Is Effective
STATE CAPITAL BUREAU 3
THE AG T. III EkALD ,
Montgomery, Ala. Jan. IL /

Permanent valuation of the prop
erty of the Alabama Power COM
pany will be established by the Ala
bama public service commission,
which will take office at noon Mon
day and not by the present COM
mission. By unanimous vote of the
three commissioners, President A.
G. Patterson and B. H. Coo ea
S. P. Gaillard, associates,
mission Friday night issued er
der staying the operation 90 tnr
| tentative valuation fixed by he as
sociate commissioners Decor ar
until time has been had f ea-.-
sideration of the protest an
cation for rehearing filed Fir
the Alabama Mining institu or
merly the Alabama Coal Or or
association, and the Besseme aal
Iron and Land company.
In staying the order estal
the tentative valuation, C .s
sioner Gaillard stated that tn m
mission was acting under aut
of section 81 of the public g
act, which permits rehearing, -
which the Alabama Power company
claims does not apply to valuations.
III a rehearing is granted the Ala
bama Power company, under the
construction of the order, it will
have the right of appeal to the cir
cut court of Montgomery county.
New Board to Act on 1t
The commission did not pass upon
the application for rehearing but
merely postponed any action on the
application until time has been set
for formal hearing. However, the
important effect is that the new com
mission, composed of President Pat
terson ands H. f. a.ee and Frank =.
Morgan. associate members, will rem
der final decision.
President Patterson made a public
tative valuation was established in
which he charged that the associate
commissioners intended to esta blish
| a final valuation before their terms
expired.
In staying the operation of the
order. the commission acted under
Section 81 of the Public Utility act
which gives any party to case the
right to apply for rehearinE and not
under sections IA and Is which pro-
vides that tentative valuation on
the property of A public utility shall
| become final at the end of thirty
days provided no protest is filed by
the utilities. Sections IA and Is are
silent regarding the right OF the
public to protect or apply for re-
hearing and counsel for the Alaba ma
Power company, in the hearing
which began at o'clock and cons
tinued until late In the night. con-
tended that the tentative valuation
of s33.S4S,252 fixed by the associate
commissioners, would become final
at the end of 80 days and that the
commission had no authority in law
for the granting Of a rehearing exr
cept on the application of the Ala
bama Power company.
The decision of the commission to
stay operation of the order for a
tentative valuation came after a
stormy session during which charges
and counter charges We're made G..
p Beddow, Leo Oberdorfer and.J. l..
Davidson appeared for the protest
ants. while William l.. Martin and J.
+. Thompson came before the COM
Continued On Page TwoD