The Montgomery advertiser., 1901-08-20


 wise inc same as to allow fair ans just return on tho value of the raIiroa. its appurtenances and eduipnents."
 Section 34s2. Complaints agains. approved tariffs. and proceedings there- on." I will not detain the Convention, Here it Is in accordance with this sec- tIon. They have prevented this untust discrimination.
 MT. Kyie-Has the railroad commis- sion ever exercised any of these pow CTS?
 Mir. Harrison-Yes. sir: they have.
 MT. Kyle--I am one of the sufferers.
 Mir Harrison-I reckon you have nev CT complained to them. In the last published report it says no railroad has ever refused to comr,y withisn ind ing they have ever made. oAg Aoi1r
 MT. Kyle-That Is all right. They pay no attention to the people.
 MT. Harrison-No. because people don't go there and complain.
 MT. Beddow-Can the gentleman show where the railroad commission can enforce any rate which they pro- pose or make.
 MT. Harrison-My friend from Jefrer- son being a lawyer understands and knows what 1t Is.
 | the Alabama system Is made prlma facie correct. and when they fail to do 1t. they can go into any court of Justice anywhere with the same cer. ta!nty of recovery, the same as a man sues on a promlSsory note. In fact. if you had a law that they have. al- ways regarded, whenever complaint was made. the railroads have always obeyed 1t, what Is the ne- cessity to make a more strin- gent law when they have not refused to obey the one you have given them.
 Mir. Beddow-Have there not been cases where people have been injured.
 Mr. Harrison-I do not hear you.
 MT Beddow-.A shipper is not injured by the exaction of $3.50 more than he ought to pay on a car load of lumber; if he makes that complaint is there any way to get that matter settled without getting f in the courts?
 MT. Harrison-If they didn't pay 1t I reckon my friend or any other lawyer would be very glad to bring such a suit.
 MT. Sanford@ would like to ask question, if the Convention confers all of this power mentioned In fifteen upon the Legislature. which I think it has already. but suppose that 1t has not, what use have you for a Railroad Com mission. If it does everything Rail- road Commission is to do?
 Mir. Harrison--jI think that Is simply your opinion and not the fact.
 MT. Sanford-You tell me that the Railroad Commission can do anything mentioned in this act would be glad to hear 1t and so would the Convention.
 Ia ri think fhA CNnv0n- ton understands the object as we'll as do. ! would like very much to read other provisions, but | believe the Convention understands 1t. The other side has been heard and called the previous question on the section and the pending amendment.
 The President-The question Is shall the main question be now put.
 The main question was ordered.
 Mir. deGraffenreid-I move to laT both amendments on the table
 MT. Kyle-I call for the ayes and noes on that.
 The call was not sustained.
 Upon a vote being taken the amend ments were tabled,
 Upon a further vote being taken the section was adopted.
 Upon q further vote being taken the aeCl1On WaS d'tOptSu.
 Section Is was read as follows
 Sec. IS. No railroad or other trans portation company or corporation shall grant free passes or sell tickets or passes at a discount other than as sold to the public generally to any member of the Legislature, or to any officer ex- crcising judicial functions under the laws of this State, and any such mem Der or officer receiving such pass or ticket for himself or procuring the same for another, shall be guilty Of a misdemcan or, and upon conviction shall be fined not exceeding Ave hundred dol lars. and at the discretion of the court trying the case In addition to such fine may be imprisoned for term not ex- ceeding six months; and upon convic- ton Shall be subject to impeachment and removal from office.
 The courts having jpurisdtction snail give this law specially In charge to the grand juriee, and when the evidence IS sufficient to authorize an indictment thd grand jury must present true blll. Any county into or through which such member or officer is transported by the use of such prohibited pass or | ticket, shall have jurisdiction of the case. provided only one prosecution shall be had for the same offense; and provided further, that the trial and | Judgment for an offence shall not bar a | prosecution for another offense when | the same pass or ticket Is used. and provided further that nothing herein | shall prevent a member of the Leg!s- 9ature who is a bona f1de employe Of railroad or other transportation com pany or corporation at the time Of his .ec Ion from accepting or procuring Tor | himself or another. not member of | the Legislature or officer exercising 1u- dicial functions. a free pass over the railroad and other transportation com pany or corporation hy which he iH employed. MT. Vaughn--I have an amendment. The following amendment was read: Amend Section 16 by adding after the word Legislature on the third line the following: Members of Mu- nlcipal Councils" also by adding after the word Legislature" on line l7, the | following. 'or members of Municipal l Councils" ...-..
 | MT. Vaughn-Mr. President. l have | heard something said here about hav- ing been a compromise between the enemies and advocates of the free pass | question. As for me I was not party | to the agreement and am not bound by | it, I am then to presume that the sec tion offered us is a compromise meas ure. 1 am opposed to the compromise of a principle. 1 take it that If prin- | ciple Is compromised as this section Is, | then we have 2 defective section. ad- mittedly so. Those who have con- tended for the principle have agreed | to demand or take less than they con