The Montgomery advertiser., 1901-08-20

man advance the idea that 1t will be safer in the hands of the Comm. ssion consisting of three. five or seven, than In the Legislature. consisting of thirty I five Senators and i06 Representatives? MT. Espy-Judging from past expe- rience would rather risk the Commis- sioners.
 MT. Cunnnghsm--And you subscribe | to the doctrine, the nearer we get to one-man government, and the fur ther away you get from the people, the safer 1t is for the people. Mir. Espy-Just to the contrary. be- | cause the Commissioners ought to De elected by the people. MT. Cunnlngham-The Commissioners elected by the psople would be safer than 1855 elected by the people? Mir. Espy-Yes sir. MT. Cunningham-Well, carrying out that idea, wouldn't one be better? MT. Espy-That Is not the question under discussion. It might be better.
 Mr. weatherly-The gentleman is speaking to the amendment? Mir. Espy-Yes sir. MT. Weatherly-Advocati 'tY MT. Espy-Yes sir. MT. Weatherly-Would it not be the
 
 powers directly upon the Railroad Com IF ission, and take them away from the Legislature?
 Mir. Espy-It certainly would cJnieE them upon the Railroad Commission. Mr Weatherly-And wouldn't 1t de- prive the Legislature from 1sgislatins upon these matters?. Mr. Espy-I do not think that would necessarily follow. MT. weatherly-Could both bodies legislate contrarily for the same mat ter?
 Mir. Espy-Possibly not. sir. , | Mir. Foster-Have you read Section | 3431 as to the powers of the Commis- sion:
 Mir. Espy-Yes sir. read 1t all. Mir. Foster-It strictly has the power l in that to regulate rates? Mir. Espy-I do not understand that | they have the power to enforce their orders in that particular. Mr. Foster-Do you not know the criminal provisions upon railroads? | Mir. Espy-Oh yes, I understand the criminal provision.
 l MT. Foster-Don't you think the law is now stringent enough. MT. Espy-No, sir; I do not. | MT. Murphree-I wish to state that | this question of the railroad oommis- sion and the free passes are the only thing that created any friction at all in the Committee on Corporations. was of the opinion of my friend from | Montgomery, and also from Henry, but after deliberating over the question, and looking over 1t and debating il time and again we effected a com promise. and therefore we make a unanimous report on both. We have | ayyn s,aNtfnna and would be glad for the Convention to endorse that.
 MT. Sanford (Montgomery)-And the compromises have been an abandon ment of principle. and a matter of cow ardice.
 | Mir. Kyle-I offer an amendment tc the amendment.
 The amendment was read as follows: Amend Section 15 in line five by strik- ing out the following words: From time to time regulating" and insert ir session after the ratification of thi. constitution and from time to time | thereafter, authorizing the railroad commissioners of the State to regu' late"
 MT. Kyle-I offer that substitute tc the amendment of the gentleman from Montgomery, and the object is to ac' complish just exactly what the Chair man of the Committee claims he wants to do. We want to enforce the power of the legislature. and while the leg islature has no means of doing 1t. only through the commission, we want tc specify that 1t shall be done through the commission. and 1t will make the section read this way. so that every one can understand exactly what i: ment:
 Sec. Is. The power and authority o regulating railroad freights and pas senger tariffs. the location and build ing of passenger and freight depots correcting abuses and preventing un just determinations and extortion ant requiring reasonable and just rates o freight and passenger tariffs, are here by conferred upon the legislature whose duty it shall be to pass laws a the first session after the ratification of the Constitution and from time tt time thereafter regulating freight ant passenger tariffs, to prohibit unjust dis crimina tions on the various railroads canals and rivers of this State anc prohibit charging other han just ant reasonable rates and enfor;e the sam' by adequate penalties.
 Now this Article states that the leg islature shall pass these laws iron time tL time regulating freoghts, whel
 the legislature ;s supposed to meet onl, every four years. Suppose unjust dis crinlination comes up. and they hav to wait four years before it can be reg ulated Power should be given to th railroad commission to regulate thes
 freight and passenger tariffs, and cannot be done except through tn railload commission. and this amend Inent places 1t in the hands of the rail road commission.
 MT. Weatherly-Is not the railroa commission a creature of the legisla
 tnre?
 MT. Kyle-It certainly is.
 MT. Weatherly-Then under this pow CT. giving the legislature power to d. this thing, can't it authorize its crea ture to do this thing?
 MT. Kyle-I want the Convention nov to authorize the legislature to do it. t require the legislature to do 1t at tn very first session, to authorize the rail road commission to do 1t.
 MT. Pillans-Would not the effect o the adoption of this amendment be t
 make the present railroad commission as now elected and of the number nov provided, constitutional office, whlci it would be very doubtful If the legis lature could ever hereafter change.
 MT. Kyle-I am not a constitutions lawyer and cannot answer your ques ton.
 MT. Harrison-In answer. Mir. Presi dent, to certain inquiries, and an evi dent desire for information upon tn
 part of some parties. perhaps not law yers. this provision that we are amend l Ho hN hn y