The Birmingham age-herald., 1924-02-20
CAST IRON PIPE
 .DOMPANY LOSES !. RATE DECISION
Board Sets Standard By Which Pipe Rates
 Are Established
tsTATE .CAPITAT BURrAU,

MONTGOMERY, Alas, Feb. 19.-- Material of which an article is made, and itsfvaluc. should gowrn in making rae classifications instekd of the use to which the article may be put. This wSs in substance the srtilipg the Ala ba1na public service commission made Tuesday in denying the petition of the AiAerican Casting company of Birming- ham. In this petition, 21 railroads of Alabama were named as defendants by the complainant, which asked for req solable and ilon-discriminatory rates on cast iron culvert pipes in-lengths, of 50 feet or less; carload, minimum weight 3O,O0O pounds from Birmingham and graup points to all points within the state of Alabama."
 The petition. of the casting company was denied without prejudice.
 It wSs .contended .bS the petitioner thst inasmuch as the cast iron pipes in question were used forsabsut the same purpose as clay and coherete pipe they net constant and strong competition from. the later articles that were fa- vofed with a lower classification. The position ofs the carriers was that d distinction could not be made in rates based upon the use to which commodity is put; and that an unjusttifiable dis crimination would result against other kind of cast iron pipe if the request was granted.
 The Southern Sewer Pipe W -rks in terverned against the petitioner. This company has . factory, in Birmingham f0rvthe manufacture of clay pipe and other clay products. This intervenor
 claims that clay pipe is not used exclu-
 sively for culvert purposes; that this is only one of the minor useS of this pipe, which use is confined mostly to the
 higher grades of clay pipe.
 In it's reports, as one of the grounds for refusing the petition, the commis-
 sion expressed the belief that making
 use of articles as basis for rate mak- ing purposes would be asrather marked departure from rate making pre- cedent as employed by both state and
 national bodies.
 Arrests Cousin
 James B. welden, game warden of Limestone county, thought it necessary to explain to the conservation office that he-had not been arresting himself ill his report received Tuesday at head quarters. This contained notice of the fact that J. D. Welden was arrested for
 trapping without a license. The game
 warden explained that he and the man
 he arrested were cousins, adding that this was the second time he had taken a cousin into tow for alleged violation of the game laws. Battle Legg was without license. He and sWelden were each fined $25 and costs ,. More Stills Smashed Five stills, two of 1,500-gallon ca
 pacity and twce6f 1000 gallon capacity,
 were captured recently in Lee county by
 state officers, aided by sheriff's forces,
 it was reported Tuesday to enforcement
 headquarters here. The officers also
 made capture of 500 gallons of beer.
 A 150-gallon still was captured in
 Shelby county, with 2,500 gallons of
 beer Three men were arrested for dis
 tilling, state, county and federal men
 took part in the raid. <
 Rushton Accepts Marion Rushton, young Mont romekt sttUrney announced pAesday
 that he would accept the. position of
 secretary to the state democratic execu-
 tive committee. Mir, Rushton's appoint
 ment to this position was announced
 late Monday by R. B. Evins of Birming-
 ham, chairman of the committee.
 To, Accept Wetumpka Road G The state will on March 5 formally
 accept the road leading from Judkins
 Ferry bridge oyer the Tallapoosa river
 to Montgomery, it was announced Tues
 day by G. N. Mitcham, third division
 engineer of the state highway depart
 ment. An inspection of the road, which is the final link in the new Mont
 gomery- Wetumpka highway vas com
 pleted Monday by Engineer Mitcham.
 The road is now under maintenance by the contractor, Mir. Mitcham. stated. He also stated that some slides had de-
 veloped which would be removed by the
 contractor under, special agreement with
 the highway department for such extra