The Montgomery advertiser., 1902-11-19

the character described and greatly Inn
proved the service In Alabama.
Depot Ut Mobile.
I'VE have made diaeent effort TO secure
betfer depot Faculties for the city Of
Mobile and have done everything In our
power 70 get the different railroads. enter
ing that city to build an Union depot
there suitable to the needs or the CITY,
but no progress seems to have been maze
in that direction. The present depot
wholly inadequate small, announcement
dangerous. and in every way offensive SO
far as its sanitary arrangements are con-
cerned. We hope yet TO be able to get an
Union depot, hat falling In this, we VIII
be compelled to exercise the power we
have and order each railroad entering
that clty to build and maintain 3cparate
depots commensurate with the Importance
and necessities 81 that city"
Here follows recital Of q complaint
made BY citizens of Guntersville against
DEPOT facilities afforded that town by the
Nashville, Chattanooga and ST. Louis
Railroad and a copy of an order sent tne
railroad company by the Commission d.
recting that the location OF the dunters-
Vile depot be changed.
The report Of the Commission contfn-
ues:
The Nashville, Chattanooga and 81
Louis Railway Company refused to com
pIy with this order, and at the expiration
Of three months we furnished the Solici-
tor of that circuit, and the Attorney-Gen-
eral copies OF the same. with the request
that they proceed. as required by section
1858 of the Code. We are Informed tnat
these officials have taken the necessary
action to enforce the order. ana .nat
matter IL now in the court for adjuoica-
ton"
Car Service Association.
roncern,np the Alabama Car Service
Association, the report of the Commission
seys:
Heretofore the Railroad Commission
has held that this body had no Jurisdic-
ton under the statute upon this ques-
ton
The present Commission held that we
had advisory powers. and took the mat
ter up and recommended ana approved
the adoption of a set of rules. we were
much gratified at the hearty cooperation
of the railroads. and the ready ADOPTION
by them of our suggestions we can
state also that the railroads have adhered
strictly to these rules and carried them
out to the letter, ard applied to this Com
mission for permission. in every instance
where a change has been made.
I'VE recommend that the Commission
be given mandatory powers with reference
| to this question. as we believe this to be
| the best interest of the railroads and the
| people"
As to Grade Crossings.
| Discussing grade crossings, the report
| says:
I'm Alabama the railroads have numer-
| Gus grade crossings that are wholly I'M
necessary, and could be abolished at a
very small expense. These crossings are
a daily menace to every person who trav-
els on the railroads. or whose duties car
| ry them across railroads.
I'm Mobile, Birmingham. Montgomery
and Opelika, particularly 1t Is source
| of wonder why some one Is not Killed or
seriously injured every day, which would
| certainly be the case. but for the watch-
| fulness, care and extreme precautions OF
| the railroad officials. In birmingham,
! ard at Friscatti crossing near Mobile.
| accidents have occurred this year at grade
| crC ssings which were both frightful ana
| fatal In result, and accentuates the abso-
lutte necessity for some legislation on this
| subject. There Is not a well-informeo
man in Alabam who cannot, at a mo-
| ment's reflection cite some horrible acci-
kdent occurring at some grade crossing
| I'm Massachusetts New York, Illinois
| and other States, ndlliona OF dollars
have been expended In this work. and
/ Alabama has reached that point where
| her travel and commercial Importance Is
| such that some law should be enacted al
| the coming session of our Legislature
with reference to this question. We can
not discuss in full the law Of the DEF
ferent States on this subject, but we rec
ommend that the next Legislature pass
an act which shall require. as far as prac
ticable. the abolition of all grade cross
irgs which now exist, and to prevent, al
far as practicable in the future. the ex
istence of grade crossings, or the adop
ton of such system Of inter-locking, Oh
other safety devices, where such cross
inRs can not be abolished, as may be nee
essary to protect persons and property
II ON danger at such crossings. Inc ex
| pense for the abolition of these crossings
should be borne in an equitable manner
by the railroads. State, municipality o.
| county. according to the peculiar ctrcum
stances of each particular case. In fu
ture, all crossings where practicable
| should be overhead or underground, un
less in the judgment Of the Railroad
Commission such crossing should be a
grade
Quotes Georgia Line. =
The report of the Commissioner con
tinues as follows:
THE recent Constitutional Convention
adopted the following clause with refer
ence to the railroads and canals:
The power and authority of regulat
ing railroad freight and passenger tariffs
the locating and building of passenger
and freight depots, correcting abuses
preventing unjust discrimination and ex
tortion and requiring reasonable and JUS
rates of freight and passenger tariffs, arr
hereby conferred upon the Legislature
whose duty 1t shall be to pass laws from
time to time regulating freight and pas
senger tariffs, to prohibit unjust dis
elimination on the various railroads, ca
nails and rivers of the State, and tc
prohibit the charging of other than just
and reasonable rates and enforce the same
by adequate penalties
This clause was taken from the Geor-
gia Constitution and is substantially the
same. In Georgia, under that clause OF
the Constitution. an Act was passed con-
fe-ring upop three Railroad Commission
ers, to be appointed by the Governor and
maze rates for the various railroads in
that State. This Act was attacked In
the Georgia courts upon the ground that
| II was unconstitutional, for the reason
that it delegated legislative powers to
| said Railroad Commissioners
| In the case OF the Georgia Railroad
and Banking Company VS.. Smith, ct ais,
Railroad Commissioners. 70 Ga. Repts., p,
694. the Court decided:
| Legislative grants of power to the
| officers OF the law to make rules and
regulations which are to have the force
/