The Birmingham age-herald., 1923-01-07
DENIES AUTHORITY. -OF UTILITY BOARD.
 TO EXAMINE BOOKS.
Manager Spear of Mobile Gas Company Says Com mission Wants Federal
 information
STATE CAPITAL BUREAU
 THE AGE-HERALD

R. R. Speer, manager of the Mobile Gas company, delivered to the pub lie service commission today letter formally refusing to permit the comz mission to make any further inspec- tion of the records of the company and charging that the purpose of the examination is to obtain information for use in the trIal of the dispute of the Mobile Gas company against the Alabama public service commis sion now pending in tke United States district court at Montgomery, and has no pertinence to any matter now pending before your commits sion.''
 MT. Speer said counsel of the com pany hac advised that the commission had no right to inspect the books of the company while no case involv- ing it was pending before the com- mission, and that the company would continue to refuse any inspection un- til it had been ordered to do So by court having Jurisdiction.
 Up to Court
 His letter of refusal closed with the following statement: If it should be determined by the court having jurisdiction of the subject that we have not correctly understood the law or that We have misapprehend- ed our duty we shall not only com ply with your demand but extend to you every courtesy in the matter"
 MT. Speer's letter, which was de- livered to the commission by special delivery, follows:
 We have received your letter of January enclosing to us copy of your order of that date and have also received a copy of your order of January 4, 1923. Although the fact is thinly yelled by the verbosity of your order it is nevertheless thoroughly understood by every one connected with this matter that the examination that you now desire is for your use in the trial of the suit of the Mobile Gas company against the Alabama public service commission now pending in the United States court at MontgCm cry, and has no pertinence to any mat ter now pending before your com- mission.
 Amy pretext to the contrary would 
 dignity of any public commission and We have no doubt, therefore, that your failure to reveal this fact in your order was mere oversight rather than an effort to create a false appearance.
 "It is the opinion of our counsel and We are advised that your com mission has no authority to order an examination of our property and rec crds for the purpose of obtaining evil dence in any Judicial proceeding which may be pending in other tri- bunals and we shall not. therefore, yield to your demand until it has been determined that we are in error in cur understanding as to the law.
 "As you are fully aware you have but recently completed a full ex- animation of our property and rec ords, ;n which we have not only give you every access for examina- tion,i but in which we have given every assistance which was within our power, and We have nothing which you could examine which has not already been fully laid before you.
 Under the circumstances we feel that your efforts to repeat your ex- animation is unreasonable and op- pressive and as long as we are ad- vised that it is beyond. your author ity. we shall not voluntarily sub init thereto. If it should be deter mined by the court having jurisdic- tion of the subject that we have not correctly understood the law or that we have misapprehended our duty we shall not only comply with your command but extend to you every courtesy in the natter