The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-11-20
R. R. Commission Wants Power
10 Enforce Them.
ANNUAL REPORT is FILED
President Smith Urges That Grade
Crossings Be Abolished and Cites
Recent Accidents Here to Sup
port His Contention.


it's annual report with the governor. The
principal recommendations are two in
number. 1t sets out that the commission
already has ample power in the making
of rates but not the power to enforce
the rate after 1t is made. 1t recommends
that this power be conferred, by man.
damus and injunction, both to enforce
and to prevent.
The commission also recommends that
1t be given the same power to regulate
the erection and maintenance of freight
depots as 1t has over the passenger
depots its power being now confined to
the latter.
1t also recommends practical legislation
on the subject OF grade crossings to
abate a growing danger.
The report in part is as follows:
LAS required by section s505 of the Code.
we respectfully submit report OF our
acts and doings' for the year ending
June 30. 1902 together with such recon-
mendations for further legislation as we
deem necessary and advisable for the In
terests OF the state.
"section 34s1 of the Code reads as fol-
lows 1T is the duty of the railroad COM
missioners to consider and carefully re-
wise all tariffs of charges for transporta-
ton made by any person nor corporation
owning 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 is proposed to
be made, or amounts to unjust discrimi-
nation against any person, locally or COR
poration, they shall notify the party max
Ing the same Of the changes necessary |
to reduce the rate to just compensation.
or to avoid unjust discrimination; and
when such changes are made, or when
none are deemed proper or expedient, they |
shall append to the tariff of charges a |
certificate Of their approval; and they |
shall exercise watchful and careful |
supervision over the traffic and their op-
Grafton and revise the same from time to
time, as Justice to the public and the |
railroads may require and increase or re- /
duce any Of the rates, as experience and |
business operations may show to be Just; |
but in revising and tariff, the commission
ers shall take into consideration the ma
ture Of the service to be performed, the !
entire business of the railroad, and It's |
traffic, and so revise the same as to allow |
fair and just return on the value of the |
railroad, its appurtenances and equip
ments.'
Power to Make Rates.
This section confers upon the COM
mission the power to make rates for the |
various railroads in Alabama. The only |
limit alton to this power lies in the last
clause of this section. which Limitation
has been fixed by the courts, and no rate |
can be upheld which does not allow the
railroads a fair and just return on the
value Of the railroad its appurtenances
and equipments
while the power or the commission
to make rates is ample, yet the remedy
afforded against carriers refusing to
comply with the rules and orders Of the
commission seem to US inadequate. The
defect In the present law lies, not so
much In the power to make a rate, but
in the power of the commission to en-
force 1t.
1--WE recommend therefore the en-
forcement OF all orders made by the COM
mission in the exercise of Its lawful
powers, that this commission be author
lied to institute suit, either by man
damus or Injunction, mandatory or pre-
ventive. in the circuit or city court where
the duty enjoined by such order Is to be
performed or where the act to be re-
strained is being committed, and that
service thereof be perfected as in other
suits or tort or breach of contract against
the company.
Recommendations.
I'VE further recommend that section
3451 of the code be. amended so as to con-
fer upon the railroad commission the
power to require the railroads to build
and maintain freight, we'll as passen-
ger depots, and that the commission be
given the same Jurisdiction with regard
to the location, building. maintenance |
and discontinuance of side tracks that |
they have as to depots
This commission has made many or |
ders reducing the tariff on coal some |
times ten and sometimes twenty cents
per ton, but the railroads have volun-
tarily made reductions and shown a gem |
erous spirit in bringing about these re- |
auctions. 1t is also true that the compe-
tition met by the new use Of oil which |
takes the place Of coal nashad the result |
of making reductions In the coal tariff
nearly twenty-five per cent II is a fact
that Alabama enjoys a very reasonable
coal rate perhaps the cheapest of any
state in the union.
Car Service Association.
Concerning the Alabama Car Service
association, the report Of the commission
says:
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 and approved
the adoption of 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, and applied to this COM
mission for permission, in every instance
where change has been made.
I'VE recommend that the commission
be given mandatory powers with refer
ence to this question. as we believe this
to be the best interest of the railroads
and the people,"
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 carry
them across railroads.
'In 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, and
at Friscatti crossing, near Mobile, acci-
dents have occurred this year at grade
crossings which were both frfghtful and
fatal In result and accentuates the abso-
lutte necessity for some legislation on this
-,hiaot ThAra Is not a Well-infOrmed |