The Montgomery advertiser., 1903-12-27

railroad, and the shippers for failure to deliver or place cars within the prescrib- ed time on the one hand, and for the de- tention and failure to unload cars within the prescribed time on the other hand. These rules, as above stated, are self imposed, and are not created or recog- nized by any statute.
 "It is clear that Section under discus- sion contains, no authority for the com mission to make rules for the government of the Car Service Association, or to im- pose penalties for their violation. Sucn would be original legislation on the part of the commission. If therefore the com mission could not in the first instance make such rules, or impose penalties for their violation, can they hear and deter mine matters and things arising under these rules made. by the Car Service As sociation itself, under no authority. and in compliance with no provision of the act creating the Alabama Railroad Commis- sion? It should seem that the only an- swer to this question is that such can not be the case. v-,.
 Rules of Association.
 So far as the matters arising under the rules of the Car Service Association are in line with the duties of the rail- roads as common carriers independent of the rules of the association, this commits sion under Section 8 of the act would. in- deed, have advisory powers as to those things contemplated by this section, and could suggest what seemed to them the best regulations for the public interest and convenience;, but these questions aris- ing from failure to place cars at an ae- cessible place for unloading. after the contract of affreightment is complete by the delivery of car by the railroad com pany upon It's own track at the place of destination on the one hand, and the failure of the shipper or cohsignee on the other hand to unload car within the prescribed time, or for detaining car for any reason beyond the prescribed time, and all questions with which the rules of the association deal, are entirely independent matters, and no provision for their solution Is contained in the act creating this commission; and as to such questions 1t should seem that this com mission has not even the advisory juris- diction which is conferred upon 1t over the certain matters designdIed and con templated by the provisions of Section 9 of the actl +'.t'.
 The next Section which it is worth while to discuss in this connection, is Section B, which is as follows;
 It shall be the duty of all persons or corporations owning or operating rail- roads connecting with each other in this State to receive the passengers, freight, OE CdAS, Ol SdCn ana to carry the same over the road of said connecting railroad at reasonable rates; and it shall be tee duty of any person or corporation owning or operating a railroad in this State which connects with another railroad. to switch and handle the cars. loaded or unloaded, of suc.. other road at whatever place said roads may connect with each other, and as the public convenience may require, for which 1t shall receive reasonable compensation. Upon complaint made to 1t by any party in interest the Railroad Commission shall have power to determine the reasonaOIe- ness of such charges and may fix the same. It shall not Be necessary to apply in the first instance to any court, of jus tice. but complaint shall be made origi- nally to the Railroad Commission. All laws and parts of law in conflict with this section of this act be and the same are hereby repealed
 Duty of Railroads.
 This section requires the railroads in this State to receive passengers and freight from connecting lines, and to transfer the same for seasonable rates ceived from connecting lines for a rea- sonable compensation; and empowers the Commission to Aietermine the reasonab t. ness of the charges for such services. The Commission's authority under, this section Is to require cars to be received, switched determine the reasonableness of the charge for such services.
 The Car Service Association rules in regard to the switching and handling of cars relate to DehaIty for failure to