The Montgomery advertiser., 1901-08-20

railroads or any other cOTpOTdtioH. will read it that the delegates may un- | derstand 1t:
 "The power and authority of regulat- | ing railroad freights and passenger | tariffs, the location and building of pas senger and freight depots," and we have added that to the present Consti- | tuition. because there has been some criticism that they didn't have the | power to do that. Reading on further l 1t says, correcting abuses and prevent l ing unjust determinations and extor- tions and requiring reasonable and just rates of rate and passenger tariffs, | are hereby conferred upon the Legis- lature.' Some good friend would say. I thought they had it anyhow, but to emphasize it, we put in the very lam guage of the Georgia Constitution: Whose duty it shall be to pass laws from time to time regulating freight and passenger tariffs to prohibit un- | just discrimir ations on the various rail- roads, canals and rivers of this State. and prohibit charging other than just and reasonable rates and enforce the same by adequate penalties" ask my good friend from Montgom- | cry where Is there any tub thrown to the whale? Point it out. There Is no concealment and no reservation of any right to any corporation In ths report. | These reports have been printed and laid upon the desks of the members- MT. Sanford CMontgomery)-1 will | tell you. You talk about regulating | freight and passenger tariffs upon ca nals. There is no canal that l am | aware or.
 MT. Harrison-But we hope to have 1 some canals in Alabama. l Mir. Sanford (Montgomery)-I do' not l know of any canals in Alabama. | Mr. Harrison-iMay be you don't want | one. Perhaps, as I am Informed, my | friend has forgotten that he himself in l troduced an ordinance to have one dug in North Alabama.
 Mir. Sanford (Montgomery)-Yes sir. I did.
 Mr. Harrison-If We get it. aren't you willing that we should regulate 1t? I wish only 10 explain to the Conven- ton the action of this Committee. l say this report is stronger against the 1 railroads and corporations than the for | mer provision of our onstitution. and I do hope
 Mi. O'Neal-May ask question? Is rot this provision even stronger than the Georg!a law.
 Mir Harrison-It certainly is, and l ask my good friend from Lauderdale or anybody else to compare them. and they are bound to see that it Is, and I trust that this Convention will accept the report of the Committee. We copied it. and Mir. Murphree compared it, and handed 1t to me. l d.d not read it. If any gentleman denies 1t l ask him to refer to the Georgia Constitution and satisfy himself. therefore hope that the Convention will vote down the amendment I call the previous ques- ton of the amendment.
 aoly ho n withdraw the motion on the amend ment.
 Mr. Heflin-I move the previous ques- tion on the Section and the amend ment.
 Mc. Harrisor-Do you want to speak to tie amendment?
 MT. Espy-Yes sir.
 Mr. Harrison-Well. withdraw it.
 Ths Presicent-Does the gentleman desire to speak to the amendment? | MT. Espy-Yes sir.
 Mir. Harrison-The gentleman desires to speak to the amendment and I with draw the motion.
 MT Espy-Mr. President you may search this Constitution that we are now making from end to end, and you cannot find as meaningless Section in 1t as this is. They attempt here tc confer upon the Legislature something that the Legislature already has. What is that? This Section says that the Legislature shall Have the power to reg ,ulate railroad freight and passenger tariffs and to regulate the location and building of passenger and freight de pots, the core ecting of abuses, and pre- venting unjust discrimination and re- quir4ng reasonable and just rates oi freight and passenger tariffs. Now ask each member of that Committee il the Legislature would not have every thing that they attempt there to ,on- fer, if nothing was said there at all.
 MT. Harrison-They would have it but this is positive mandate that they shall pass them and provide penalties for violation of 1t.
 Mir. Espy-Then they would have tht right to attach penalties. If they have the right to confer the power they have the equal right to fix penalties in tht event that they fail to exercse tht power. So this question comes back for what purpose is the Section incor porated into this Article? Can it be fol any other purpose than to catch vote! for the ratification of the Constitution The people, MT. President, l know, O one portion of the State of Alabama they expected this Convention to takt some action with reference to the con ferring powers upon the Railroad Com mission of this State to regulate freigh !. and passenger traffic. This does not d. ii. You might as well leave it out. The first clause of 1t attempts to confer power upon the Legislature that the Legislature already possesses. The second part of it then recommend: that they shall pass laws to enforce their power. Now what good would that recommendation do? They say i , is the duty of the Legislature to dC , that. I reply to that tha 1t Is already ; the duty of the Legislature to do that and yet Legislature after Legislature has met in this State and they have refused to do it. Therefore if we adop this we adopt something that amount: simply to child's play. Now they may have what is in the Georgia Constitu
 tion, l do not know they have no what it is the Georgia law. That mucf is certain. They come here and wan the Legislature of Alabama to stand between the people and the rallroad
 and that Is what your Section means
 If you are willing to let the Commis soners of the State of Alabama exer else this power, then confer it in st many words. :.. . MT. Harrison-Does not the Georgii Section mean the same thing? l Mir. Espy-The Georgia Section com , fers the power upon the Railroad Com mission. Here you put the power Witl the Legislature of Alabama and thereb! deny the power to the Commissioner until it is conferred by act of Legisla