The age-herald., 1899-09-19
CAPT. FALKNER ON
 R. R. COMMISSION Answers Call for the Georgia
 Law BY THE COMMERCIAL BODIES States the Contention is Dictatorial Disastrous ard Foreign to Repub- lcan Form of Government
 Violating the Golden Rule
BY THE COMMERCIAL BODIES

1 pany has given out statement regarding the proposed change in the railroad com mission laws. The commercial bodies of Birmingham have joined in request that 1 the present commission be abolished and that the Georgia law be adopted. The | statement follows:
 "The gentlemen who are advocating this movement are doing themselves a very great injustice, They are violating the | Golden Rule in this, that not one of them l would be willing to have his business | placed absolutely under the control of any l three men that could be selected in the l state of Alabama. In advocating this | movement, they are not doing unto others as they would have others do unto them.' | The whole idea of the dictatorial policy of | the Georgia railroad commission law is something foreign to a republican form of government. No precedent can be found for it in any principle of democracy. and l no such idea ever entered into the minds of the framers of our government There is nothing in our constitution which even hints at or suggests that such power be | given to any man or set of men. The only 1 law-making power that is recognized by | our constitution is the general assembly. "Section 1 of article of our constitution is as follows:
 "The powers of the government of the state of Alabama shall be divided into three distinct departments, each of which shall be confined to a separate body of magis- tracy to-wit: Those which are legislative, to one; those which are executive, to an- other; and those which are judicial, to an- other.'
 "Secton of the same article of the con- stitution is as follows:
 " No person or collection of persons, be- ing of one of those departments, shall ex- ercise any power properly belonging to either of the others, except in the in- stance hereinafter expressly directed or permitted
 Section l of article of the constitution is as follows:
 The legislative power of the state shall be vested in a general assembly. which shall consist of a senate and house of representatives.'
 "Section 22 of article IA of the constitution is as follows:
 |" The general assembly shall pass laws to correct abuses and prevent unjust dis anu eAlOIllOIS III lHc rate LII freight and passenger tariffs on railroads, canals and rivers in this state.''
 Judge Cooley, in his work on Consttu- tional Limitations, says:
 One of the settled maxims in constitu tional law is, that the power conferred up- on the legislature to make laws cannot be delegated by that department to any other body or authority. Where the sovereign power of the state has located the authori- ty, there it must remain; and by the con- stitutional agency alone, the laws must be made until the constitution itself is chang ed. The power to whose judgment, wis dom and patriotism this high prerogative has been entrusted cannot relieve itself of the responsibility by choosing other agencies upon which the power shall be de- volved, nor can it substitute the judgment. wisdom and patriotism of any other body for those to which alone the people have seen fit to confide this sovereign trust "
 MT Locke, in his work on civil govern ment, says:
 "TheSe are the bounds which the trust that is put in them by the society and the law of God and nature, have set to the legislative power of every commonwealth, III all lorIHS ol SONeIHIueul'
 'First-They are to govern by promul- gated, established laws, not to be varied in particular cases, but to have one rule for rich and poor, for the favorite at court and the countryman at the plough
 7" 'Second-These laws also ought to be designed for no other end ultimately, but the good of the people,
 " 'Third-They must not raise taxes on the property of the people without the con- sent of the people, given by themselves or their deputies And this properly concerns only such governments where the legisla- tive is always in being, or af least, where the people have not reserved any part of the legislative to deputies, to be from time to time chosen by themselves.'
 'Fourth-The legislative neither must nor can transfer the power of making laws to anybody else, or place it anywhere but where the people have
 Ut would seem from these constitutional | provisions and from the quotations that I have made from these eminent constiu- tional writers, that it was the intention of 1 the lawmakers that the legislature alone should pass laws for the government of all persons and all interests within the state of Alabama. and that this power and duty ! should not be transferred to any other per son or power.
 "1t was also undoubtedly contemplated | that before any rule or law could become obligatory or in any way binding upon the people, or any portion of the people. that the same should have been duly pro- mulgated.
 'It may be claimed that these old safe- guards have served their purposes and that henceforth only ques stions of expediency shall control in governmental affairs. It will be well, however, for all people who advocate such ideas to know that when we take that course, We will al once enter upon unknown political sea, without compass or rudder
 ''If justification can be found for the en- actment of a law covering the ideas sug- gested by the commercial bodies of Bir- mingInam, then this will establish a prece- dent for multiplying governmental agen-