The Birmingham age-herald., 1923-02-14
Closing Chapter of Extended
 Fight by Alabama Power Co.
 and Others Following Plac-
 ing of Tentative Valuation by ] the Retiring Commissioners
BOOKS OF CONCERNS, TO BE OPEN TO EXAMINERS
Public Utilities of Montgomery Pass to Ownership of Ala bama Power Company Fol- lowing Approval by Alabama Public Service Commission
STATE CAPITAL BUREAU l
 THE AGE-HERALD r Montgomery, Ala, Feb. 13


 Any persons appearing for the public in any valuation case be- fore the public service commission may apply for rehearing and may appeal to the court from any de- cision of the commission in valu- ation case as result of the ap- proval by Governor Brandon to- day of the Brewer bill passed dur ing the closing days Of the short session of the legislature. Gov ernor Brandon delivered the bill t. s. H. Blan, secretary of state, during the afternoon.
 The law also gives the public service commission authority to make an examination of the hooks and records of any utility at any time, even though iio case be pend ing before the commission inyolv- ing the utility.
 Equal Rights to Public
 It further provides the public shall have the same right as the utility in any valuation case. Final authori- ty in the fixing of a valuation re- mains with the commission though the circuit court of Montgomery coun- ty or the supreme court may set aside valuation fixed by the commis- sion. If any valuation of the com mission is set aside the case must be returned to the commission for another valuation.
 To, e, arxI of issue raised in valuation cases of the Alabama Power company and Mo- bile Gas company. The Alabama Power company contended the com mission had no authority to grant rehearing after tentative valua- tion had been fixed in December by the former commission. The Alabama Power company and Mobile Gas company declined to permit ex- aminers of the commission to inspect their books and records, contending that no cases were pending which required such examination and there ~as no authority in the public utili- 4 act for such examination.
 Capital Utilities Sold
 All public utilities of Montgomery will pass into the hands of the Ala bama Power company without de- lay. The public service commission today approved the petition Of the company for the requirement of the utilities, including the street rail- way system, two electric systems unused track of the Alabama Trac- tion company, the dam site on the Tallapoosa river owned by the Mont gomery Light and Water Power com pany and all franchises granted by the dty of Montgomery to the utili- ties.
 In permitting the transfer, the public service commission in its order expressly provided that the au- thority would not bind the commis- sion, the public, or the Alabama Power company as to the value of rate making purposes.
 The commission also. granted the petition of the Alabama Power com pany for permission to issue and sell mortgage bonds to the amount oi S4.0O0,000. A portion of this issue will be used in obtaining funds for cash payment on the Montgomery properties while the remainder will be used in retiring other obligations soon to become due.
 The Alabama Power company will pay approximately s6,250.0O0 for the utilities in Montgomery.