The Montgomery advertiser., 1903-12-27

are self-imposed, and are not the creation of any statute.
 'The question now presented to this Commission is whether or not 1t has the Jurisdiction to hear and determine the subject matter of things arising under the rules of this Association. The juris- diction of any court or tribunal over the subject matter to be adjudged is acquired by the act of its creation, and is not possessed otherwise. F Am. and Eng. Ency. P and P., page 121.
 Tt therefore becomes necessary to as- certain whether the act creating and es- tablishing the Railroad Commission of Alabama, and conferring upon 1t powers, embraces in its terms, or by reasonable implication, matters and things arising under the rules of the Alabama Car Ser vice Association. A careful reading of the act discloses that no reference is made in terms to the Alabama Car Ser vice Association, or the rules which gov ern it, and under which 1t operates. Do any of the provisions of the act by reasonable implication embrace within their scope the matters and things aris- ing under these rules? If such Is the case, Sections and 8 of the act will be found to contain the provisions which are applicable. No other portions of the act even remotely bear upon this question, and the discussion may therefore be mar rowed to a construction of these two sec tions.
 Section of the act reads as follows:
 Such Railroad Commissioners shall have general supervision over all the rail- roads in this State; shall, from time to time, as they may deem necessary, ex- anime the same, and keep themselves in- formed as to their condition and the man. ner in which they are operated with refer aHN IA to the public, and their compliance with their charters and the laws of this State; and shall, in writing recommend to the person or corporation operating such rail- roads, or any of them, from time to time, the adoption of such measures and regu- lations as the Commissioners may deem conducive to the public safety and in- terest: and the Commissioners, in the per- formance of their duties, shall have the right to pass free of charge on all the railroads in the State. and to take with them any person in their official employ ment.'
 Power of Commission.
 ''rhis section vests the Commission with the general supervision over all the rail- roads in this State. and requires that
 keep themselves informed as to their condition and the manner of operation with reference to the security and ac- commodation of the public and directs the commission to recommend in writing the adoption of such measures as they may deem conducive to the public safety and interest. This section it will be not ed cOnfers no mandatory powers upon the commission, but only confers ad- visory powers Upon the provision of this section the commission can not re- quire anything to be done, or to be omit ted, but is limited tc suggestion and ad- vice. The authority to advise and notify falls far short of the power to order and compel. See N. c. and St. l.. R. R. Co. vs. State, So Rep Vol 34 page 4O1. constru- ing Section 349O of the Code of 1896. which is identical with Section of the present Railroad Commission law.
 The Alabama Car Service Association rules provide mutual penalties upon the