The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-04-24
FORCED ACTION
ON POW ERLINE'
TO SHOALS ASKED
Huntsville Manufacturers
Claim More Current
Is Needed
Estate Capital Bureau)

~
MONTGOMERY. Ala. April %. =
The fight for the Alabama Power com,
lpany Tor lis tieht Il e,erlsrpet & 4 eiect
trio circle through north AlabAma con
Meeting with Muscle Shoals was trans
ferred from the public service commits
sion to the circuit court of Montgomery
Wednesday, afternoon. GIN petition Of
the Huntsville Manufacturers associa.
ton and the Lincoln Mills Of Alabama
Judge Walter j. Jones cited President
A, g. Patterson and III. f, Lee and
Frank p. Morgan, associate members oI
the public service commission, to appear
May / and show why the court should
not issue a writ of mandamus requiring
the commission to render a decision on
the petition of the Alabama Power com.
lpany.
Douglass Taylor, Huntsville attorney
| filed the petition. 1t contended that the
commissions has had the petition before
| 1t long enough to reach decision and
that 1t should be required by appropriate
writ Of tbs, circuit court to reach de.
eision. LII
f4t, st-i khm WARS NufKcub
1t is alleged that the Lincoln mills
are now completing a large cotton mill
at Huntsville and that it will be with
out, electric energy for operation until
the transmission circle is completed.
The Alabama Power company now
has a transmission line TO Huntsville
! by way Of Gadsden. and another trans.
mission line from Birmingham to Shelf.
field (this line was purchased from the
government recently, but it has no au.
thority to connect its two lines and thus
establish the electric circle.
Unusual Procedure
The decision Of the Huntsville inter.
ests to 60 into the circuit court in an
effort to force a decision is an interest
ing departure from the usual procedure
Records do not indicate that any per
son interested in case has, ever at
tempted to force the commission by man,
idanius or other writ to render a decision
Many cases decided by the commission
have ben caerried to the courts. but moi
before decisions were reached.
1t is the contention of the petition
ers that the manufacturers of Hunts
vile using electric current for power
are not getting sufficient amount oi
4 current over the present lines and tn,
construction Of the proposed new line,
will relieve the situation for loni
time to come.
History Of Case
A hearing on the matter was granted
by the commission for the first tint
in May, 1928. at Birmingham. Aftel
attorneys for both sides had presented
their arguments and numerous citizens
interested had testified, some for anC
i some against the proposal, the commits
sion announced that it would take tn,
matter under consideration. Later, 4
decision was made denying the petit
! ton. ~ u.
! Though petitions for a second hear
ing was granted on the matter Febru
airy is. 1924, by the commission. AMI
after the necessary arguments and ties
| timony of witnesses: A. G. Patterson
president of the commission, announced
! that that body would take the matter
under advisement. Since that time
according to the petition. filed Wed
nesday morning, no decision has beer
rendered by the commission. and sail
| petitioners are anxious that such de
cisi0n be made, as it is essential tina
they have some relief in the power sit
uation. For that reason they asket
that the commission be required {,
either render a decision in the case O.
appear in circuit court and show caus,
why such decision has not been made.