The Montgomery advertiser., 1902-07-27

lists to regulate bakeries, ferries. milIers,
wharfingers, Ainn-keapers, bridges. turn
pike roads, etc., ETC.. because all those
lines of business are likewise affected
with q public use.
The real question to be decided by the
people Of Alabama is whether there Is a
substantial public necessity for the radi-
cal step Of taking the management OF
the railroads, entirely out of the hands
of the owners and putting their AFFAIRS
into the hands of a political tribunal?
This is, as a matter of fact what Messrs
White and Conner desire. The persons
who have been invited ito invest their
money in Alabama railroads have nat
ural desire to manage their own proper
ty. They have a. right to assume that
any proposition TO destroy their voice In
the management of their property will
be most carefully weighed by the people
of Alabama, and that high-handed van
dalism shall not prevail in our fair State.
The "Negro in the Wood Pile'-ls
There a Candidate for Railroad
Commissioner Behind This
warfareP
It will be observed that these gentle
men do not confine their demands to the
question of electing the Railroad Com
n1lSSlOneTS Dy tue pc0pte. tOuJccuoH ~
this method of selecting the commission
ers might be waived, II 1t were not so
apparent to the initiated what the REAL
PURPOSE tof these men is. Their real
purpose is to, If possible, induce the peo-
pie of Alabama to so fix the railroad
commission law as to practically take
from the railroad owners the manage
ment of their property, and put the same
into the hands of political tribunal.
And the indications point very strongly
to one Of these leaders as an aspirant to
the office of Railroad Commissioner.
l do not, believe the people OF Alabama
will grafify his ambition either to elect
a Legislature modelled after his own
narrow and selfish ideas, or by electing
him asaa sRailroad Commissioner OF Ala
Commission Has Abundant Power
!, o. Under Existing Laws.
1t has been said that the Railroad
Commission of Alabama under the pres
emit law has no power. If Section S4sl OF
the Code of Alabama applied to the bus
mess Of these gentlemen who are en-
gagged in this warfare upon the railroads,
they would think differently. Said Sec
ton Is as follows:
''s4si. REVISION OF RAILROAD TAR
IFFS.-It Is the duty of railroad commits
sioners to consider and carefully revise
all tariffs of charges for transportation
made by any person or corporation own
ing or operating railroad In this state;
and II. in their Judgment, any such
Charge is more than just compensation
for the service for which 1t IL proposed
to be made, or amounts to unjust dis
elimination against any person, locality
or corporation, they shall notify the par
ty making the same of the changes nee
essary to reduce the rate to just com
pensation or to avoid unjust discrimina-
ton; and when such changes are made.
or when none are deemed proper ana
if of charges a certificate OF their ap-
proval; and they shall exercise a watch
fuI and careful supervision over all tar
IFS and their operation, ana revise tne
same, from time to time, as justice to the
public and the railroads may require, and
Increase or reduce any of the rates, as
experience and business operations may
show to be just; but In revising any tar
if the commissioners shall take into
consideration the nature OF the service TO
be performed the entire business OF the
railroad. and its earnings from paseen-
gers and other trafflc, and so revise the
on the value Of the railroad, Its appur-
tenances and equipments"
Section $3.50 of the Code, also makes 1t
the duty Of the commissioners to have
general supervision over all the railroads
in this State. The attention of the pub
I lie IS also CaIeu TO 0cCllOIi oroV VI hhO
Code. which is as follows:
1896. EFFECT OF DETERMINATION
OF COMMISSIONERS any mat
ter relating to the regulation or super
vision of any railroad In this State, or
of any person or corporation operaung
any such railroad, and coming within the
jurisdiction OF the railroad commission
ers. has been determined by them in the
course of any proceeding before them,
proof OF such determination, to be made
h,y fharA0f Narfi6ad hV the nrpai-
| dent or their clerk. shall be received in
any suit, or other legal proceeding in any
court, or before any officer, as prtma IA
Gle evidence that the determination made
by them of such matter was right and
proper. 49,. -
ton, If railroad company shall charge
more than the tariff rate approved by
the commission all any one would have
to do would be to bring a suit in the
courts Of the country, introduce the find-
ing of the commission, prove his dam
ages and Judgment would be rendered IN
his favor accordingly.
Attention is also called to Sections
346O and 1851 Of the Code, which are as
follows:
1850. ExToRTION BY RAILROAD;
LIABILITY THEREFOR.-Any person or
corporation. engaged in the business OF
transporting passengers or freights over
any railroad in this State, who shall
exact and receive for such transporta-
ton more than just compensation there
for, or demands moro than the rates
specified in any bill Of lading issued for
such freights, or who. for his own ad-
vantage or for the advantage OF any
connecting line, or of any person or To-
cality, shall make any unjust discriml-
nation in such transportation, against
any Individual, corporation. or LOCALITY,
such overcharge or discrimination to be
determined by the jury, Is guilty OF eA-
tortion, and Is liable to the party In
iured for double the damages sustained,
and a reasonable attorneys fee for the
recovery thereof, unless 1t appears that
the service as to which the extortion
was committed, was performed At rates
or upon terms previously approved by
the Railroad Commissioners, and then
only to- actual damages, without such
attic rney's fee to be recovered IN court
of competent jurisdiction of any county
in which the person or corporation ope-
rating such railroad does business, py an
action commenced within ninety days al
ter such cause of action accrues. II the
plaintiff fails in any such suit. ana 1t APP
TERMS complained of are not higher than
those previously approved by the Rail
road Commissioners, he must pay the
costs OF the suit, and also a reasonable
attorneys fee to the defendant for de-
Tending the suit, the amount Of which
turSeSfying the cause"
"s46l. WHAT EVIDENCE THAT
RATES ARE NOT EXTORTIONATE.-
In such suit. the fact that the rates or
terms in respect to which the extortlon
is alleged, had been previously approved
by the railroad commissioners, Is pI1ma
facie evidence that the same were not
extC rtionate; nor shall any rate or charge
for the transportation Of freight over any
railroad be held or considered extortion.
In