The Montgomery advertiser., 1903-02-07
STARR BILL DISCUSSED
OPPONENTS OF MEASURE HAD
 INNING LAST NIGHT.
Col. J. M. Falkner Declares Measure a Dangerous One-Presidenc John V. Smith Speaks at Re-
 quest of Committee.

The railroads were given hearing by the House Committee on Commerce and Common Carriers at the Council cham Der last evening with reference to the proposition, emb odied in a bill introduced in the House by Representative Starr of Dallas, for the election by the people of a Railroad Commission. Col. J. M. Falkner, District Attorney for the Lou- isville and Nashville, spoke for the roads and his protest against the proposition was powerful one.
 He alluded to the part played by the | railroads in building up and developing the resources of the State and declared | the bill in question one calculated to wrest from the owners and builders of the railways the authority to manage their own business and place this author | ity in the hands of inexperienced and in competent men, who had no knowledge | of the management of the business of the roads, and conferring upon them legisla- tive. executive and judicial functions in | the exercise of their authority. He spoke in part as follows:
 Tn view of the favorabl and mutually beneficial relations between the railroads and the people in Alabama, it is difficult to believe that the bill before us can have the support of any substantial part of our people, especially in Birmingham Anniston. Selma, Montgomery and Mobile, each of which cities have profited so much by railroad development in this State.
 'The bill seems to concentrate all the vindictive bitterness and reckless injus- tice wl.ich has found expression against the railroads at any time or place. The bill Is drawn on the idea that rail- road managem snts in Alabama have not had the intelligence to make classifica- tions and rates adjusted to local condi- ! tons. and that the courts and officers of the State have not had the capacity to enforce the ample 'aws for the protection of shippers against unreasonable or un- justly discrminative rates.
 h fn cube elective Railroad Commission for the en- tire traffic force of every railroad in Ala bama, and no rate can be made or chang ed and no commercial or business cond- ton or emergency can he met, except by the action of the Railroad Commission.
 No effort Is made in the bill to pre- scribe that the Commissioners elected shall possess any qualifications for the performance of their duties. except in- fereutially to provide that no man who has any railroad experience in either the, transportation or traffic department shall be qualified to act as Commissioner sioners from having any direct or indi- rest interest in railroad corporations, the bill permits them to be interested to any extent in corporations which may be ship pers upon the railroads.
 Tt prohibits the Commissioners. how ever, from accepting favors from the rail- roads, but permits their acceptance from the shippers.
 It pTOnlDltS tnHlt enplONement as at- torneys for railroads. hut permits their employment as attorneys against rail- reads.
 While the bill imposes penalties upon railroads for charging more than regular rates by means of false billing or other fraudulent practices it does not prohibit shippers from obtaining less than regu- lar rates by similar practices.
 The bill practically denies railroads opportunity for protection in the courts. The Commissions rates, however unjust they might be- are to remain in effect pending any appeal to the courts, and the power of the courts in all cases where an appeal is taken from the decision of the Commission is so limited as to make an appeal to them of but little practical importance. It Is thoroughly establish ed in the bill that the rate making power proposed to be conferred upon the Com mission is a legislative power with which the courts will not and cannot interfere Unless and until the Commission makes rates which are so palpably and fragrant ly low as to amount to plain contisca- ton of the railroad property, the Com missions action will be final and abso- lute. Even when such confiscaton can be proved. the railroad Is bound by the bill to submit to 1t throughout the time required for judicial review.
 ''rhe bill confers upon the Commission executive, legislative and judicial powers. It imposes upon the Commission. the pow CTS and duties of detectives, grand jury.
  and executioner It Is the very essence of injustice and reckless disregard of property rights to intrust such tremend- ous power oyer any part of the property in a State to tribunal which by reason of possessing these varied and incompati- ble duties is bound to be prejudiced against the interests thus put at its mercy.
 The unconstitutionality of this ming ling of the functions of the three depart ments of government in one tribunal is clearly denounced in the Constitution of the State of Alabama"
 At the conclusion of Colonel Falkners address John V. Smith chairman of the present Railroad Commission, was invited to address the committee. MT. Smith was averse to discussing the merits of the bill under consideration. and confined his remarks almost wholly to a bill presented in the House yesterday by Representative Waddell drawn by the chair man of the commission himself and which in his opinion meets and remedies the defects of the present law touching