The age-herald., 1898-01-20

in our office in Montgomery, but proceed to render our opinion on the allegations and admissions made in writing to us. Section 11So of the civil code of Alabama imposes on us the duty of considering and carefully revising all tariffs of charges for transportation made by any corporation or person owning or operating a railroad in this state. and when such revision Is made so as in our judgment to prevent unjust compensation for the service to be render ed, and avoid unjust discrimination against any person, locality or corporation. to ap- pend to the tariff so revised, our certificate of approval.
 ''The sworn returns of the railroad com- panies made to us for the fiscal year end ing June 30, 1897, under rates approved by us, show that they have done fairly re- munerative business, with a few notable exceptions that mark the rule; while con sufners and shippers. who would have to bear the burden of this increased differen- tial, are embarrassingly reduced in re- sources as the result of unremunerative prices for their products and their labor, and the small profits realized on business enterprises and investments.
 The Injustice.
 "These considerations are sufficient to demonstrate the unwisdom, injustice and impracticabity of railroad companies de- mandng and receiving an increased rate of transportation from constituency which is their principal available source and assurance of local revenue; and in crisis like the present. conspicuous for universal and unprecedented shrinkage of all values, finds 1t fullest expression in the fol~1 af lxilI; For tha po1 egg. It might be possibly urged that the maintenance of this increased differential on less than carload shipments on local traffic will contribute to the growth of commerce in Alabama, by the creation of jobbing centers at different points in the state Even if this were true, it would not justify a policy that would operate so se- riously to the detriment of the great mass of the people. who constitute the producing and purchasing power of the state, as well as the chief source from which transporta- ton companies, either directly or indirect ly, derive their local traff1s.
 "But we are unable to see how this diff ferential or increased rate would build up jobbng centers in Alabama. There is al- ready diffrential of cents per 100 pounds in classes B, c, D and F maintained on carloads and less than carloads interstate traffic in favor of the less than carloads. and it is contended with much force and reason that its tendency, if not practical effect, is to create trading or jobbing cen- ters in Alabama, but the imposition and exaction of an additional 4 cents per 10) pounds s1ifferential on local traffic, if it would accomplish anything, would contrib ute to the development of jobping centers in other states.
 Shall Be No Increase.
 "We have not approved and will not ap- prove of the said increased differential in less than carload lots on classes B, c, D and F, and other commodities of domestic use not included in these classes, for the additional very potential reason that we would thereby be making ourselves party in the violation of law we were com missioned to magnify and enforce, for the logical effect of said cents per hundred pounds in favor of less than carload lots is clearly to discriminate against small and in favor of large shippers. When it is demonstrated to our satisfaction, com- mission created for the equitable settle ment of disputes between the shipper and carrier, that large shipper is entitled. as
 
 rate of transportation than small dealer, whose operations are restricted by limited means and more limited credit, or a large commercial mart to more favorable rates than smaller and less favored towns envi- roned by similar conditions, for which they seek to become distributing centers. then we may be prepared, as We are not now, to recognize and admit that the law which directs its condemnation at discrimination and extortion is wrong in principle, hurt ful in operation and disastrous in results. With these deductions from a conservative consideration of the facts before us, our obligations of official duty, in exercising the power vested in by section 1130 of the civil code require to demand, and we do hereby demand, of any railroad com pany now operating the said increased diff ferential rate of cents per hundred pounds on less than carload shipments on classes B, c, and F, and other articles of do- mestic necessity and consumption not em- braced in said classes, to at once withdraw the same, and to restore and maintain the local rate hitherto existing to which only we have appended our certificate of ap- proval.
 Done in our office in the State Capitol in the city of Montgomery, this the 18th day of January, A. D. 1898.
 JAMES CROOK,
 President R. R. Commission of Ala.
 HARVEY E. JONES,
 DnCc ~ CMITII