The Birmingham age-herald., 1923-02-08
Alabama Power Co. Hopes to Have Measure Granting Re-
 hearing on Valuation Cases on Petition Either Side Amended in Two Instances
THEY WOULD DELEGATE AUTHORITY TO A COURT
Opponents to Amendments
 Contend Judiciary Should Not Be Clothed With Such Au- thority That Would Let Them Set Aside Commission Order
STATE CAPITAL BUREAU |
 THE AGE-HERALD Montgomery. Ala Eeh |

The Brewer bill giving the Ala bama public service commission the right to grant rehearing in valuation case on petition of either the utilities or any representative of the public who appear Tn the case will be made special order for consideration of the house of representatives Thursday.
 The fight will be on the two amendments proposed by the Ala bama Power company, which were reported favorably to the house by the judiciary committee. Friends of the original bill which passed the senate without amendment are opposed to the proposed amend ments and will seek to lay them on the table.
 The rules committee Wednesday afternoon voted to make the Brewer bill the first on a special calendar which was prepared for the use of the house during the remainder of the short session. This special calendar when adopted by the house will supercede the regular calendar.
 Preparing Examination.
 The second amendment would pre- vent the commission from examin- ing the books and records of a utility unless such examination is pertinent to some matter under investigation by the commission. The Brewer bill gives the commission the right to make such an examination "whether there is any proceeding by or against the utility then pending before the commission or not" The purpose Of this provision of the original bill is to give the commission the right and power to inspect the books of any utility when it deems that the public interest demands such an Inspection. The commission simply thought to make an examination of the books of the Mobile Gas company but the com pany declined to make the books available to representatives of the commission contending no case was pending which called for such an ex- animation. The Alabama Power com pany also declined to permit account ants of the commission to make an inspection on the ground that such hn inspection would not be pertinent to any matter impending before the commission.
 When the Brewer bill comes before the house for consideration. Michael Sollie, representative of Dale county, will seek to lay the amendments on the table to have the bill passed with out amendment.
 Authority to Court
 One of the amendments proposed by the Alabama Power company will give either the utilities or any rep resentative of the public the right to appeal from any valuation order of the commission to the circuit court of Montgomery county and from the circuit court to the supreme court. This amendment further provides that the circuit court may set aside the valuation of the commission and establish another valuation, and if the supreme court desires it may set aside the valuation of the circuit court and establish still another valuation.
 Opponents of the amendment con- tend the court should not be per- mitted to establish a valuation, but should be permitted to set aside the valuation of the commission and re- turn the case to the commission for tho establishment for another valua- tion. On the floor of the house they will argue that it is not right for the judge of the Montgomery circuit court elected by the people of one county to set aside the valuation of "a commission elected by the entire state. Another argument will be that with the system of appeals pro-s vided by the amendment the public service commission would become no more than a statistics gathering board
 WILL vACATE STREETS
 Governor Brandon approved the bill Wednesday which vacates certain streets, avenues and alleys in East Lake and Woodlawn. It was intro duced by Representative Fite at the request of development company. and citizens who are interested in the development of the property.
 WALKER CITIZENS PROTEST
 Led by Norman Gum, Jasper attor- ney. delegation of citizens of Walk CT county today appealed to the sem ate committee on public roads and highways not to make a favorable report on the local bill abolishing the highway commission of Walker county. The committee decided to postpone action until the July ses- sion.
 Walker county's representative in the house passed the bill but citi- 4. zens of Walker county requested that Mt be held up in the senate, contend t ing that differences can be adjusted before the July session The high way commission was created in 1919 and the duties in connection with the construction of roads and bridges In Walker county were taken from the board of revenue.