The Montgomery advertiser., 1901-08-25
RAILROAD COMMISSION;
 ITS DUTY AND POWER
President John V. Smith Gives Out Signed State. ment Concerning the Law Govern
 ing Its Operation.

So much has been said of late re- specting the powers and duties Of the Railroad Commission of Alabama that It Is not amiss to denne what sucn powers and duties really are.
 The powers of the commission may be divided into two classes. First, ad- visory; second, mandatory.
 Under the first division, the Commis- sion in Section 3490 of the Code, Is given general supervision over all the railroads in this State," and il is their duty from time to time, as they may deem necessary, to examine the same, and keep themselves informed as to their condition and the manner in which they are operated with reference to the security and accommodation Of the public, and their compliance with their charters and the laws of the State." Under this section 1t is made the duty of the Commission to super wise the railroads, and make such rec concentrations as may in their Judg- ment be conducive to the public safety and interest. This section is without limit. and the Commission without being considered offensive or officious. may make recommendations covering any matter pertaining to the manage ment of the railroads.
 SeCLlOn 04Jf RlfGS tHe 1OHlIIiSolOu the power to require the railroads to make repairs upon the road. or addi' tion to their rolling stock, or addition to- or change of stations, or station houses etc.. etc., and Section 3496 pro- vides that when any matter relating to the railroads have EeGl determined by the Commission. proof of such deter imitation to be made by copy thereof certified by the President or their clerk, shall be received as ''prima facie" evil dence that the determination made by them of such matter was right and proper" It has been openly stated. and not denied. so far as l have heard. that in the exercise of the powers above conferred. the railroads have never in any instance refused to carry out the recommendations of the Rail- road Commission. While 1 believe the railroads have done this In the proper spirit, yet it can be easily seen. what their failure to carry out such recom- mendations would entail upon them. so that 1t Is a fact. that in matters which are advisory or recommendatory. the law is such that the railroads can not afford to ignore any just and reason able recommendation of the CommiS- sion-
 Section 3495 gives the Commission the power to require the railroads to fence their roads. Or any portion thereon. and provides the penalty that in case of failure after reasonable notice to fence such road. that the railroads shall he liable in damages for the value Of any stock injured or killed. upon that portion of the line so designated to be fenced, whether with, or without negH- gence, but if the fence is erected in conformity to the notice, no liability shall attach for stock injured or killed upon the portion of the line so fenced. unless such injury or killing was com mitted willfully."
 Surely the penalty provided herein is sufficient to meet the wishes of any reasonable man.
 Section 3451 confers the power to re- quire the erection and maintaining of depots, etc, and Sections 3452 and S453 provides adequate remedies for the en- forcement of these orders, by decree of the Chancery Court, anr 1t is made the special duty of the solicitor of the cir cut, and the Attorney General. to hie a bill in such Chancery Court to en- force the order of the Commission, and that, too, without any expense to the public whatever.
 An act passed February To. lS5I, makes 1t the imperative duty ot any railroad passing through the corporate limits or dlly lIlCOl bO" OA O'-H thousand inhabitants to establish and maintain one or more depots. Tor the accommodation of passengers and the storage of freight. and such failure Is made a misdemeanor.
 Al! of the matters above mentioned. are. of course. very material and Of the greatest importance. but there are other powers and duties conferred up- on the Commission stlll more material. and of far greater importance to the public than any of these, viz. the tarin which the public has to pay for the transportation of freight and passen- gers. I undertake To assert. and can demonstrate. that the power of the