The Birmingham age-herald., 1902-08-03
Commission Has Abundant Power
 Under Existing Laws.

OhoSi -H'oh'hS SoWos
 It has been said that the Railroad Com mission of Alabama under the present law has no power. If Section 3491 of the Code of Alabama applied to the business of these gentlemen who are engaged in the warfare upon the railroads, they would think differently. Said Section is as follows:
 ''3491. Revision of Railroad Tariffs-It is the duty of railroad commissioners to consider and carefully revise all tariffs of charges for transportation made by any person or corporation owning or operating a railroad in this State; and if, in their judgment any such charge Is more than just compensation for the ser vice for which it is proposed to be made, or amounts to unjust discrimination against any person, locality or corpora ton, they shall notify the party making the same of the changes necessary to re- duce the rate to just compensation or to avoid unjust discrimination, and when such changes are made, or when none are deemed proper and expedient, they shall append to the tariff of charges a certifl- cate of their approval; and they shall exercise a watchful and careful super vision over all tariffs and their operation, and revise the 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 tariff, the commissioners shall take into consideration the nature of the service to be performed. the entire business of the railroad and It's earnings from passengers and other traffic, and so revise the same as to allow a fair and just return on the value Of the railroad it's appurtenances and equipments"
 Section 3490 of the Code also makes it the duty of the commissioners to have general supervision ever all the railroads in this State.
 The attention of ,he public Is also called to Section 3496 of the Code, which is as follows:
 S496. Effect of Dete ermination of Com mis sioners.-WEen any matter relating to the regulation or supervision of any rail- road in this State, or of any person or corporation operating any such railroad, and coming within the Jurisdiction of the railroad commissioners, has been deter mined by them in the course of any pro- ceeding before them, proof of such de- termination to be made by a copy thereof certified by the president or their clerk, shall De received in any suit, or other legal rroceedings in any court, or be- fore any officer. as prima tacie evidence that the deternination made by them of such matter was right and proper'' So 1t will be seen that under this sec tion, If a railroad company shall charge more than the tariff rate approved by lhC NoAhiiiSSioHf all any one would have to do would be to bring a suit in Tho courts of the country introduce the find ings of the commission, provo his dam ages. and judgment would be rendered in his favor accordingly
 Attention Is also called to Sections 3450 and 3461 of the Code, which are as fol- lows: , . ''3460 Extortion by Railroad; Liability therefor.-Any person or corporation en- gagged in the business of transporting passengers or freights over any railroad in this State, who shall exact and receive