The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-02-05
IN BEHALF OF THE PEOPLE

A bill is now in the hands of the house
judiciary committee which seeks to give
the people of Alabama equal rights with
public utilities. 1t constitutes one Of the
most important issues before the legsla-
ture, and the citizens of this state will know
by the treatment accorded this measure
whether their own interests or the interests
of utilities are paramount in the minds of
their representatives. The act establish
ing the public service commission violates
one of the fundamental principles Of law.
A utility may appeal from decision of the
commission, but the people may not. Yet
the commission is designed to protect them
from the exploitation of utilities. Manifestiy,
this is glazing case of injustice that calls
for a remedy, such as is proposed in the bill
to amend the utility act of 1920. It would
authorize the commission to reopen any val
uation order previously made and give both
the utility and the public the right or re-
hearing. But neither side to a controversy
would gain an unfair advantage. The pubic
and the utility would both have The right to
protest and to have that protest heard by
the commission. Due notice must be served
on the utility and the public, and both may
appeal to the courts from any decision OF
the commission, up to and including the state
supreme court. The bill also vests power in
the commission to review a final order of
valuation to correct any errors that may have
been made.
None of these provisions in any way con-
flicts with accepted ideas of justice and fair
vi ~, +ba,, 81,
the utilities and the public on an equal foot
ing. Under the present law, the people are
not only denied hearing granted to the
utilities, but the commission is handicapped
in exercising proper supervision over the
property and business operations of corpora
tions performing public service by the
clause in the utility act of 1920 which gives
the commission authority to make inspec-
lions of accounts, records and property Of a
utility only insofar as the same may be per-
tinent to any matter under investigation be-
fore the commission" We have recently
seen how utility may prevent an examina-
ton of its accounts through a technicaliJy
which is contrary to the spirit and purpose of
the act establishing the public service COM
mission. The amendment would remove that
obstacle by giving the commission the
power to make an examination whenever it is
demanded by the public interest,".
There are no logical grounds, based on
strict equity and justice, for opposing a
measure to give the people protection to
which they are entitled and which Is IN no
way discriminatory against utilities. If the
judiciary committee of the house fails to re-
port the bill in time for passage, or reports
it and it is defeated by the house, the Excess
sive valuation placed on the property of the
Alabama Power company will become per-
manent and consumers of electricity in Ala
bama will have their rates increased from
% to 80 per cent, with no right of appeal.
1t will be shown at Montgomery this week
whether or not the rights of the people shall
be upheld by their elected representatives.
whose failure to do their duty will be judged
at the bar of public opinion.