The Montgomery advertiser., 1901-08-20

commission to confer tn1S power upon the Legislature to fix the rates and with adequate provisions to compel their ob- servance. and the advocates of the Commission and friends of the railroad companies opposed 1t with great ener- gy, but finally the Commission was de- feated, and afterwards 1t was recon sidered and adopted. l remember say ing to one gentleman, who was an ad- vocate of the Commission: why, you have given it no power; you might as well have conferred 1t upon three old women, gossiping upon the transactions of quitting as to put such restrictions upon their conduct" He said: Ger talnly. that is true. I am on the side or the Indian, and I would not have given 1t any power" But 1t so happened that the man who were appointed on that Commission were men of imperi- ous will and great force of character, men who had purposes of their oWh' and they made it more powerful III stitution than was contemplated py us advocates If you adopt this provision you absolutely destroy the Commis- sion, for the Legislature would nave the power to do precisely what has neen conferred upon the Commission, ana what would be the use of the Commis- sion at all? It would be a repeal or the Commission. See what 1t says: "The power and authority of reguiat- ing railroad freights and passenger tar ifs, etc., are conferred upon the Legis- lature." That power Is now exercised by the Commission, as it existsa ana when you confer it upon the Legisia- ture. what have you left for the Com mission to do?' It will be absolutely an office without any power. He would be a functionary with nothing to do except to draw his salary from the raii- roads. Let me read it to you: Ine power and authority of regulating rali- road freiglits and passenger tariffs, the location and building of passenger ana freight depots, for correcting abuses and preventing unjust discriminatlons and extortion and requiring reasonable and just rates of freight and passen- ger tariffs, are hereby conferred upon the Legislature"
 Now tell me what other matters can the Railroad Commission do except these that you have conferred upon the Legislature the right to do? It would be a useless body. If you adopt that. abolish the Railroad Commission, put am against. abolishing the Railroad Commission as it now stands, because the Legislature will meet only once in four years How can it regulate rates of freight upon articles not yet perhaps Invented or manufactured? How can II look for four years ahead when the very articles of commerce upon whlcn freight is to be charged have no exist ence? The commerce of the world IS increasing, and in few years importa l. lions will be made not now known to The commerce of America. How, then, can the Legislature fix rates when II meets only once in four years! There- fore, I insist that the amendment con ferring the power upon the Railroad Commission ought to pass. ana the pal ance of the section means nothing. II IS merely tub thrown to the whale to fool the fish. I am not the hsn. Where is the canal that Alabama owns upon which you have to regulate the rates oi freight and passenger fare? 1T there be such, l am ignorant of 1t, and ask for information. What canal Is there upon which you can fix tarin TOT rates? And the rivers of the state you have no jurisdiction over the nv CTS. My impression is that that IS en- tirely in the power of the Federal GOV. ernment. Therefore, MT. Presldent, insist upon the amendmeunt which have offered, striking out the words conferring the power upon the Legis- lature and asking that 1t be conferred upon the Railroad Commission.
 MT. Harrison-I desire the attention of the Convention a moment in ansWei to my friend from Montgomery tMr Sanford), to explain what the commit ice has done in making it's report or this section. The present Constitution Section 22 reads as follows:
 "The General Assembly shall pass laws to correct abuses and pre- vent unjust discrimination and ex tortion in the rates of freight' and pasenger tariffs on railroads, ca nals and rivers in this State.
 know my friend has read the con stitution many times, and he ought no' to accuse this Committee of throwing a tub to the whale, when your tore' fahers put this provision in the Constl- tut!on years ago. As you say, you arc mo fish. I thought you were a whale and not a succor, but so much for the tub and the whale of my good friend.
 Among other things we read in the Democratic platform that no add%iona powers should be given the railroads and that was a limitation, a positive requirement. and your Committee has cons antly tried to adhere to that, anc I say, without fear of succssstul con tradiction, that there IS no additiona power conferred in this section on any corporation. but wherever the Constl tution has been changed at all 1t ha: been to the reverse of that.
 Mir. Sanford (Montgomery)-l never said it conferred additional power. said it took away all the power th' Railroad Commission had.
 MT. Harrison-If you are not througf I will yield and give you time to f1nisf your speech.
 As is well known by the delegates the Railroad Commission is not con stitutional office. It never has been so It was established by the Legislature by authority of the provision in th' Constitution that I have read. The Legislature has perfect power, as it ha: been doing. to pass laws to proven these abuses and 10 appoint Com mission to see that its laws are exc cuted and carried into effect.
 Mr. Weatherly-Would 1t aot ba th' effect of he amendment proposed bN the gentleman from Montgomery to de prlve the Legislature of the power i now has to regulote that very matte by conferring it upon the RaIlroa' Commission and violating the othel provisions adopted that the three de partments of government shall not in fringe on each other.
 NJ. Harrison-Certainly. Wouldn 1t be an infringement upon the prerog atives oi the Legislature. Now thu only change that your Committee ha! made has been to insert, in addition no the present Constitution, as l have just read it, is adding Sector em bodied in tho Georgia Constitution which State has a Commission. anc winch q great many of the papers tha
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