The Montgomery advertiser., 1901-08-13

sIon are simply the ex parte arguments of an ambitious tribunal which IS ex- tremely desirous of increasing its own power for its own qualification. That Commission by strained implication arrogated to itself numerous import ant powers not conferred by the inter- state commerce act. When the Su- preme Court of the United States de- c!ared that the Commission had no such powers it's members were very much offended. indulgsd in un5esom- ing criticisms of the Supreme Court. and have steadily since that time bent their energies to the end of obtaining from Congress the powers which. with- out authority they had assumed to eS- ercise. The Commission has for years past been conducting an active cam palgn preparing and circulating at me government's expense numerous argu- mentS in favor of It's demands. ana has had its Secretary send out broad cast appeals for popular support. The Commissions attitude has brought up- On it strong and well merited censure' and certainly deprives its arguments of the value which ought to attach to | the official statements of a puollc trl- bunal. It's attitude has. moreover, TUT nfshed a strong illustration Of the im- propriety of intrusting it with the prac- t1cally unlimited powers for wnlch IL asks.
 The pamphlet indulges in labored attempt to explain why shippers do not more often bring suit under the present law. much simpler and more rational exclamation would seem 10 be that they must have been reason- ably satisfied with the rates Wnich were charged them. It may be accept cd as settled at this time that when. | ever railroad company IS III the ! wrong and frequently when 1t IS m tne right there are plenty of lawyers Will, l ing and anxious to institute sults anu take chances upon a recovery au | inoee.I 10 save the plaintif harmless | in the way Of costs ana eHpe"'
 the litigation.
 If may be added that it is practical lv admitted everywhere that rail road rates at this ti,,e not per SC unreasonable or extortionate, but that on the coi,- trary the general standard of rates Is reasonably low. It must follow, tnere- fore, that if any particular rates higher than they ought 70 De' tnes must result an unjust dlscriH1indlioi. ~, when rates are compared with rates Ill aanera, on the same railroad There sore any wrong in the matter of rates that now exists is really susceptible or adeouate correction under a statute prohibiting unjust discrimination. l Tn all of the twenty-three pages ol | the pamphlet referred to the only tah- gible suggestion of any actual condltloli which is undesirable is the fact that the railroads in Alabama decline to pay | Sl per day to consignees when the oe- livery of shipments is delayed. IL IS not disputed that there is a compete legal remedy when carriers unreason- ably delay deliveries, and suits are ire nuently brought and recoveries had in event of unreasonable delays. There is no necessity, therefore, for impos- | ing a penalty of this character on the | railroad companies. The reason TOT which consignees are required 10 pay $1 per day for the use of a car Of a railroad company are entirely dlnerent' | The railroad company undertaking to transport property does not undertake | to furnish a warehouse at destlnatlon. It is a matter not covered by the con tract. It is a use of the railroad com panys property which is very expen- sive to the railroad company, as 1t needs it's equipment fer other ship ments. and other shippers need the use of that equipment for actual transpor- tation. Therefore it is perfectly reas- enable that the shipper should be re- uuired to pay a small rent tWhlch y the way is wholly inadequate) when they elect to use the railroad company cars as warehouses. The fact that they are required to pay such rent is nc reason why the railroad companies should be required by law to pay a penalty for delays in trar;rD lat ,ol when the law already gives the con signees adequate remedies for damage sustained for such delays. Therefore the only tangible grievance suggested by the pamphlet is one absolutely withou. any merit.
 The pamphlet seems to realize it has made out no case of real necessity fol such radical regulation as it advocates as Is evidenced by the sentence:
 Even if it were conceded that there has been no abuse of power in the past by railroad companies in the Stale oi Alabama such abuse may arise in the future, and it is the part of wisdom tc guard against them now"
 It is submitted that 1t is a most seri' ous thing to deprive the owners o property of the right to manage II
 With respect to strictly private prop erty it is a thing which can never bt done. With respect to property which 1: affected with a public use It is thing that ought not to be done without grave | necessity. A QeHldIu III l SI' r which is supported only by the sug gestion that there may be d possibility of injury some time in the future, i' absolutely unworthy of serious consid eration.
 It is of course an easy thing to asl for the unlimited regulation of othe peoples property. A man can be yer! bold and radical and exhibit unlimited enthusiasm when demanding a course of procedure which will affect merely the property of others and leave his owl untouched. Arguments coming iron such a source deserve all the mor' careful consideration. Mere theories indulged by such advocates ought no
 to De made the basis for action so rad ically affecting the rights of others That the writers of the pamphlet II question were wholly free from an! corcern as to the rights of the railroad company is quite apparent throughout the pamphlet, but perhaps nowhere more apparent than where in speaking Iof the powers which they wish conferred upon the Railroad Commission they make the observation:
 | "If there should be any gross invasion of the rights of a railroad under this law it would have it's rights in thu courts under the provisions of the fourteenth amendment to the Constitu- ton of the United States
 This is the spirit in which the pamph' let is written. Upon a mere theory that the railroads may do wrong they are to be deprived of the right to man age their own property. After Sucf