The Montgomery advertiser., 1901-10-11
ORDERS BY COMMISSION
AN ALLEGED DISCRIMINATION
 IN COAL RATES.
Important Rule Concerning Demur- rage on Cars-A Reduction of Rates from the Birmingham
 District to Troy.

The following is the text of an opinion by the Alabama Railroad Commission in the case of R. A. Mitchell agent of the Dwight Manufacturing Go. of Alabama City, against the Southern Railway. The complainant alleged discrimination in the shipments of coal from the Birmingham district to Alabama City. Anniston and Gadsden. The case was heard on Sep tember 2, and the opinion was given out yesterday: In this matter the Commission is of the opinion that a rate of 70 cents per ion on coal from Birmingham district to Gadsden, Alabama City and Anniston' Ala, is a reasonable charge. and on a parity with the charges on coal at other points in Alabama where conditions are similar. We therefore approve this rate and deny the application of complainants SO far as any further general reduction Is concerned the railroads entering Gadsden Alabama City and Anniston are. and have been for a long time hauling coal to these points for 30 cents per ton when such coal is consigned to the following indus fries located at said points. viz: South ern Car and Foundry Company. Central Foundry Co.,, Anniston Rolling Mills, United States Cast Iron Pipe and Foun- dry Co. Woodstock Iron Works, Hercu- les Iron Works. Alabama Consolidated Coal and Iron Co.,. Central Foundry Co.
 This fact is not denied by the railroads but the contention Is made that this special rate Is given the above named industries under Section 3464 of the Code of Alabama to aid In the development or these industrial enterprises.
 We are of the opinion that the giving Inf these special rates Is entirely just and nroner and not discrimination against other industries located at these points. We further are of the opinion that the Commisslon has no authority to arbitra- rilv order the railroads to give the same rnduced rates to other industries located in the same towns unless 1t should be shown that tho railroads discriminate fin favor of one industry in such towns as against another of the same kind.
 To h"ld that the railroads must give the same special rates to all industries, or whatsoever character. located at the hame town would be 10 defeat the wise pro- ,,ision of the law that railroads may give such special rates to aid in the develop ment of industrial enterprises.
 IT tbe statute is a wise one. no one can justly complain when the railroads in the excrcisc of this statutory authority, select certain lines of industries as the obiect of these special fayors for this Is a matter loft entirely with the railroads themseIyCs If the statute is unwise, to which we do not agree, then It should pe repeaIed or amended.
 Ii becomes a delicate and difficult pues- tion as to what is the best policy for the roIlroads in matters or tnlS character and the Commission is much embarrassed when if comes to advising and recom- mnndinr certain policies pertaining to the nanoFemcnt of the railroads over which we are given general supervision.
 After long. careful and conscientious conaideration with an earnest desire to son',ra this special rate for the cotton Soilie Ioratod at Anniston, Alabama City nd G9dsjcn we feel constrained to raacb thn following conclusions. In view of inc fact that the State clothes the raiIroads with absolute power to select I',tb irdilstries as they choose for these snen,ai fayors and does not confer upon 9be Railroad Commission any specific au- tboritv to regulate these special rates, rd ir view of the further fact, that sim iInr re1ief can not be given to the num- nrnua rotton mills in Alabama similarly ,ocotcd W, dc not feel justified in mak- iDC, o,,. rocrnmendation in this matter.
 % %tt i f,rther ordered that this opinion ha snread upon the minutes of the Com pJ otsin,, sp, ord a copy of the same be fur nisbed to Mesers, Blackwell & Keith of H1niston and NIT. R. A. Mitchell Agent. oS AIahanoa Citv Ala. and to the Gen eroi er T Ereirht Agents of the Southern Rail- waY 5ay tba 7 Aldhanl Great Southern Rail rnad mnE Cn and to the Louisville and Nash FlIS Pono nali't, tha office of the Railroad Com
 r,iSeinn Goilv of inc State of Alabama, this tha tI,,S3tT1' 7th dav of october, A. D., 1901.