The Birmingham age-herald., 1923-04-18
UoIJs Contract IrrevOcable.

HOIOS SOnNf0ct
 In holding that the original yalua- ton order of the public service com mission constitutes an lrreYocaole contract, Judge Clayton, in his opln- ion Saturday, said:
 "The act of the legislature of Ala Lama conferring Jurisdiction upon the Alabama public service commls- sion for the regulation of public util- tiles provides in substance that upon request of the utility the commission should proceed to value it's property in the method prescribed; that the utility should pay the expenses or such an examination. and that the valuation when fixed should consti- ute a permanent basic valuation for future rate making purposes. unless set aside upon protest filed 90 days from the date thereof. By this stat ute the state of Alabama authorized the Alabama public service commis- sion to establish permanent valua- tion for future rate making purposes upon agreement of the utility to pay the expenses thereof, the commission was given authority from the state to establish a permanent basic valuation for consideration to be had by the utility The Mobile Gas company ac- cepted the offer by requesting the valuation. The commission estab- lshed the valuation of S1,969, 56a, and Tn consideration thereof the utility paid to the state the expense of some thing over s2,0O0 The constitutional provision contained in Section 10, Article 1. of the constitution of the United States prohibits the impair ment of the obligations of contract and is directed towards the violation of contracts made by the state as well as those which are made by in- Fdividuals (citing easel.
 Holds Contract Permanent.
 '"rhe state is authorized to enter into contracts in matter or this kind. and this may be done through public boards, and when such con- tracts are once entered into they cannot be violated by subsequent leg islation. (Citing cases.)
 Tt is difficult. therefore, to under stand how the conclusion is to be es capped that the Ala bama public serv- ice commission and the state of Ala bama. it's principal. can now repudiate the valuation which it has itself es- tablished under this contract. It has accepted money of the Mobile Gas company under the terms of the stat ute providing for the establishment of permanent basic valuation. and 1t IS not in a position now to repudiate that valuation even if the state of Alaba ma or the Alabama public serv- ice commission were not bound by the valuation so established by con tractual stipulation it would be diff fieult to justify the disregard thereof on the part of the state or it's agent without first refunding the money which it has received in consideration thereof"
 LAUDERDALE MAN FREED Governor Brandon issued an order Tuesday afternoon granting pa role to A. D. Mcnnish of Lauderdale county; who has served since Feb ruary 21, on sentence of twelve months and one day to thirteen months for distilling. Governor Brandon declined to accept the recommendation or the state board of pardons which rendered to him Saturday an opinion that | Mcinnish should not be pa parole would force the parole of two others convicted with him and that the release of these three distillers at once one county would not create a very favorable feeling toward law and order"
 finnish. Governor Brandon did not refer to the statement of the board of pardons but did state that Mcin- nishs parole had been recommended by leading citizen. or Lauderdale county, including ministers. officers of the law, and one member of the Women's Christian Temperance union.
 O O o
 IS An Old Man.
 Mcinnish is an old man and the petitions in his behalf declared that his punishment had been sufficient and that there need be no fear that he will violate the law again. Prioi to his conviction in the circuit court of Lauderdale county, Mcinnish was convicted in the federal court and served a sentence for the particular offense of which lie was convicted in the state court. The law does not prohibit the trial in the state courts of person convicted of the same offense in the federal court. Governor Brandon's order for the parole of Mcinnish follows;
 'State versus A. D. Mcinnish, con