The Birmingham age-herald., 1924-12-05
(State Capital Bureau)

IudL SlDlcy OUJcCL AWdS CO SeCuTG Iuc removal of every manufacturers pre- further that Sibley had asked the com, mission to increase the rates aplicable from the plant at Ensley, one of his competitors, two hundred per cent, in order that rates from his own plants located much further away might be held down to the same rates. "He had little feeling for what his competitors paid, or what other communities in Ala bama had to pay, just so his own plants were protected" the statement declared.
 The commissions statement explained that while there have been some in creases, in the new schedule of rates. there have also been many reductions, with very substantial cuts on some of the most important clay product com modities. It was stated that at least three plants located in the Birmingham district were represented at the hearing before the Alabama commission and heartily approved the rates which the commission prescribed; and that the traffic managers of the Montgomery and Mobile Chambers of Commerce asked for the adoption of the rate as prescribed by the commission.
 The statement of the public service commission was issued by Associate Commissioners Fitzhugh Lee and Frank P. Morgan, President A. G. Patterson was attending an important meeting of utility commissioners outside of the state, when the order of the commission in the brick case was handed down and had not returned at the time of MT. Sibley's criticism and the issuance of the reply thereto.
 Following is the commissions state ment:
 Commissions Statement
 "John W. Sibley of Birmingham characterized as the dean of southern brick manufacturers, has attacked the commission in the public press on ac- count of an alleged unfavorable de- cision in case involving a general re- vision of the rates in the state on brick, clay and clay products. The commission does not ordinarily attempt to make public reply to such an attack, but in this instance, Mir. Sibley's ac- cusations are so unfounded and unfair that in justice to the public generally they should not be allowed to pass un- challenged.
 "Mr. Sibley says that he dislikes to appear in the role of trying a case in
 
 have to do so. There is an orderly way in which a rehearing may be obtained by any litigant before the commission when he feels that justice has not been done and makes proper showing there for, and that way is specifically pointed out in the commissions rules of prac- tice. MT. Sibley knew this full well and his object in rushing into the news papers to try technical rate case is capable of only one interpretation. No fair minded man would have pursued this policy. Insofar as his attempt to threaten the commission, quasi-judi- cial body, with defeat at the polls is concerned, this threat will meet the contempt it deserves.
 But the orderly course of procedure above mentioned would necessitate a judicial hearing where the law applies certain time-honored safeguards for the development of facts, and this Mr. Sibley evidently seeks to avoid. Mr. Sibley apparently has little respect for those orderly processes which the law contemplates should be observed in these rate cases. Soon, after his testi- mony was submitted at the recent hear ing before the commission involving rates on these particular commidities. letters began to pour into the commis- sion from all parts of the state seeking to tell 1t how the case should be decided The courts have condemned such methods as being entirely improper and of course the commission did not and could not lawfully pay any attention to such communications.
 History Of Case Given
 "In order that the public may have clear understanding of the decision about which MT. Sibley complains the history of the new rates should be stated. Several years ago the brick and clay products industries of the north filed a complaint with the interstate commerce commission attacking the ex- isttng rates on all of these commodities throughout the United States except the territory west of the Rocky mountains. As result of that case, what is known as the uniform brick list (i. e.. a list of various clay products which were re- lated to brick for rate-making pur- poses) was established and certain scales of rates were prescribed for ap- plication in northern territory.
 "Southen manufacturers participated in that case, and largely upon their representation no specific scales of rates were prescribed for the southern terri toy, but the carriers were admonished to revise the rates in this territory by using the uniform brick list and pre- serving their existing revenues on these commodities. They undertook such a revision, holding many conferences with the brick and clay products manufac- turers, and finally published rates which they contended met their obliga- tions under the decision of the inter- state commerce commission.
 "These rates were higher than what MT. Sibley and other manufacturers thought were just and reasonable, and Mir. Sibley in company with a repre- sentative of the Birmingham Traffic as- soclation, called upon the Alabama Pub lie Service commission and requested its assistance in obtaining a suspension Of the interstate tariffs and the rght to be heard. The Alabama commission accordingly rendered it's assistance, the tariffs were suspended and a hearing ordered by the interstate commerce com mission. At the time MT. Sibley re- Quested the assistance of the Alabama commission and he took occasion to expatiate at some length upon the merits of the uniform brick list which had been established. He was a great advocate of such q list at that time. According to his views, it was the key to great improvement in the southern rate structure as it affects these com ulodities.
 Equalization Sought
 At the hearing which the interstate commerce commission granted to MT. kfhfev and others m aftamnt vvb %ssuor