The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-05-03
ELECTRIC Line
CASE IN HANDS
OF JUDGE JONES
Huntsville Mill Claims
.as Power Needed And
Unavailable
Estate CAPITAL Bureau)

MONTGOMER1. Ala, May g.
Judge Walter B. Jones of the circuit
court late Friday took under advise
/ ment the petition Of the Lincoln Mills
and Huntsville Manufacturers associa-
ation for a writ of mandamus requiring
the Alabama Public Service Commits
sion to render a decision on the appli-
cation of the Alabama Power company
for permission to construct $4,000
volt transmission line which would
connect its present lines from Hunts
vile with the line recently acquired
from the government.
The case was submitted to Judge
Jones after arguments which continued
during a greater part of the day. Hugh
White, special assistant attorney gem
eral in charge of litigation Of the pub
lie service commission, represented the
commission. j., F. Thompson of Biz
mingham appeared as counsel for the
Alabama Power company. Douglas Tay-
Tor Of Huntsville, who filed the petition
for the Lincoln Mills and Huntsville
Manufacturers association, made the
argument for those companies.
Current Needed
Attorneys for the petitioners and the
Alabama Power company insisted that
the commission had ample time in
which to come to decision and that
n1andamus is necessary because the
submission has failed to announce a
deelsiopse They argued that the Lin
colin Miiis are now being constructed
anu VIII be ready for operation July
4, but that wheels cannot turn until
the Alabama Power company is able to
supply this power until it can obtain
M 70 Al.
line. ~
They contended that the present
equipment of the Alabama Power com
pany for the transmission of power in
that section is not sufficient and that
the company Is under obligation to care
for the Lincoln Mills and other in
tdnstries and cannot do so as long as
,atf does not have the authority to en-
Urge the transmission system.
h Mr.. White replied that the commits.
sion Is charged by law with the duty
OF satisfying itself that a transmission
line or any extension Of a public util-
ity is necessary in the public service
before it can issue a certificate of con.
venience and necessity for the extern
sion and Furthermore. is charged with
the duty of satisfying itself that the
extension will be capable of earning A
reasonable return on the investment
and will not impose a liability against
other parts of the system,
he continued that the Public Service
commission is the authority that must
supervise extensions in such a way that
the users of the power will be pro-
tected and mentioned that the law re-
quires a reasonable return on an in
vestment. He said If the commission
permits an extension that will not be
profitable the users of power furnished
by the company will be required to nav
such a rate as will yield a reasonable
return on this bad investment. He did
not contend that the transmission line
VIII not be profitable. but insisted that
the commission should have time to
give thorough consideration to the pe
tition. Pe
Case Is Unusual
Mr.. WhiteSalso argued that the law
intended to give the commission tbs
power OF a court in deciding cases be-
lore u and that it should not be forced
20 defend itself in a court because il
mas not rendered decision in any mat
ter before it.
Judge Jones did nd& indicate when
decision would be rendered. This ia
the first instance in Alabama where
an effort has been made in court IN
force the commission to render de-
c1slon. A largenumber of appeals have
been taken from decisions of the com.
flssion but never has a court been
asked to require the commission to rem.
der a decision,