The Montgomery advertiser., 1903-07-03
Railroad Commission Still at Work.
Officers of Companies Filed Answers to MT. Comer's Argument-opin- ion Will Not be Announced
 Before Saturday.

The Alabama Railroad Commission yes terday continued consideration of briefs filed for and against the petition to re- duce all local freight rates in Alabama, but no decision was announced.
 Briefs were filed by B. B. Conner in sup port of his contention for a reduction of rates and representatives of the various railroad companies filed briefs replying to Mir. Conner.
 Brief by MT. Conner.
 The brief filed with the Commissioners by Mir Conner is as follows:
 Transportation is an important ele- ment in the cost when considering the value of any product. The price of trans portation is made by competition, by private interests, and by law.
 "In Alabama all the public utilities be- ing organized into a practical trust there is no competition. The law having never been put to a practical test in fashioning rates, we have a freight tariff made by private interest. This not only makes the rate high, but extends to practical own ership of local rates and freight. and not only names the price, but also the di- rection in which it shall go. Thus giving little heed to the interest of our ship pers, consumers or producers
 Heretofore it was claimed by our Railroad Commission that the law did not give them power to fix rates; and by our Legislatures that our Constitution would not admit such a statute. The re- cent Constitutional Convention adopted the Georgia Constitutional article re- garding the State control of public utili- ties, and the recent Legislature enacted statutory laws which are more enabling than the president of the Railroad Com mission said was sufficient. This should be f1nal-that the State through it's Con- stitutional Convention and through it's present Legislature were satisfied that the right of its public utilities to make a private rate should be restricted, and that a Commission should revise tartffs and should present excessive charges and unjust discriminations, either against tho State at large. its localities or its utili- ties.
 Rates of Five States.
 we submit the tariff rates of Ala bama, Georgia, North Carolina, Illinois and Iowa. In these we have used articles or common use. using the standard rates of all the States and the Louisville and Nashville Railroad in Alabama. We also used the Atlantic Coast Line, Seaboard Air Line and Southern Railroad, showing their rates in North Carolina, Georgia and Alabama; and the Louisville and Nashville, showing rates in Illinois, Geor- gia and Alabama; and the Western Raii- road of Alabama, and the Central, show ing rates in Georgia and Alabama. Also sheet prepared by Mir. Nesbitt, showing rates on cotton and domestics in Texas. Georgia, South Carolina. and Alabama All the above sheets with their compari- son show great freight discrimination against Alabama of from 20 to 120 per cent We also submit testimony from most of the States that the introduction of their Commissioners' tariffs was re- sisted at law by the railroads. and eveTy prognostication of evil results used. These rates have been used from four to twehty-seven years, and the practical unanimous testimony is that all interests ID the States have been greatly bene- ited and the railroads have prospered. The freight and passenger collections in Alabaana amount to about twenty three and dne-haIf million dollars year. The freight collection Is seventeen and one half millions. Estimating that the local freight is $7,0O0.0Oo. and the average over charge 90 per cent; we have 2,SOO.OOO year unlawfully collected. Multiply this by 20 years, we have $560O0. .Oo0-add inter- l est at per cent and it Is over $7O.OOO,OOO | 4 sum sufficient to pay the States bonded debt six times over--to build million dollar cotton factory in every county | in the State; to buy all the railroads in the State; to run all the public schools A sum which If left with the people ot the State would cause more thrift, the upbuilding of farms, of industries, oi towns. Would cause more travel and prod-lce more tonnage; would be @ gene rator of enlivening and prosperous con- ditions and that every species of inter est would share.
 Alabama Conditions.
 The States named appreciated these facts. restricted the rates, and are reap ing the prosperous results. Alabama dur ing all these years. with Railroad Cor>mission without Constitutional basis without statute authority, paid by th' railroads, not in sympathetic touch witt the shipping, producing and consuming interests, allowed to grow up within thu State a privileged power to tax whict has been exercised not only to make C freight tariff in the interest of private interest, which Is also absentee. but aisC | to control other functions of the State even that of law-making. The present | Commission is free from above condi tions, and this effort of ours is intended to help them to an intelligent inveerfga' ton of the subject. and we respectfully request a comparison between the law made and experience tested rates oi II Alabama on the other. We also request an investigation of the comity existing between railroads and people there. re- sulting from active restraining influences | We submit that a fair return on fan valuation Is reasonable, but we also sub- | init a list of per mile amounts of stocks | and bonds against the roads, and that | in the largest measure they represent watered securities and are in no sense cnargeable to the people, as they can be and ara multiplied at the discretion of the holder. Sometimes the value can not be fixed at cost, as the road may have been a bad investment, and extor- l ton should not be allowed.
 we submit that the comparison of the | Alabama rates with Georgia and North 1 Carolina is right, as the normal condi- tions of the three States are similar. and that the difference in the rate of the three States in which Alabama is so fearfully discriminated against, was the result of political conditions within the State and not ulterior conditions neceS- sary to the development and malnten- ance of the roads. and when the attor- neys of the roads cite the fact that their rates have had the endorsement of our Commission. they fail to cite the further fact, that with the exception of the first Commission headed by Captain Bragg the others have been plastic in theiI hands, and that the roads had success fully fought every proposed Legislative