The Birmingham age-herald., 1903-02-18
Elective Railroad Commission Advocates Desert Hard
 Fought Measure
ACCEPT AMENDMENT ID
 THE NEW ELECTION LAW
While Advocates of the Measure Claim They Have Secured What They Sought, Their Opponents Also
 Claim a Victory.

Montgomery, February 7.-eSpecial)- The elective railroad commission advo- eates in the lower house of the legisla- ture of Alabama have abandoned the Starr bill It Is asserted that the friends of the measure became convinced that the bill could not be passed, and at conference this morning they agreed upon a measure much less drastic.
 It is here regarded that this action by the friends of the bill and it's unanimous acceptance by the committee of the whole is a complete vindication of the committee on commerce and common carriers, which adversed the bill The members of this committee have all along held that the passage of the Starr bill would practically amount to confisca- tlon of the property of railroads in the state.
 The substitute as agreed upon by the supporters of an elective commission, was presented to the house by MT. Ben ners of Jefferson, and the house in com- mittee of the whole accepted it without division.
 The opponents of an elective commits sion, it is understood, have entered into
 
 substitute but on the other hand, they will fight it to a finish.
 Opponents Win Victory.
 The opponents of the Starr measure have undoubtedly won a~vfctory, even should the substitute eventually pass the house.
 The substitute as reported by MT. Ben ners readopts chapter 96 of the code, with the following changes
 The Changes.
 1. The railroad commission is made cleo tive, the election for all commissioners to be in November, 1904.
 2 The following is the substitute for section 3492 of the code.
 Section II. The railroad commission must hear and determine all complaints made to them in writing by any person, firm, corporation or association of per sons against any tariff of rates or against any particular rate or rates charged by any railroad for the transportation of freight between points In this state; and upon such complaint being made, and upon security for the costs of such pro- ceeding being given by the party making the complaint, the commissioners shall forthwith fix the time and place for hear ing the person or corporation operating the railroad, against whose rate or rates complaint is made, with a copy of such complaint, and with notice of the time and place where such complaint will be heard; and at such time and place said railroad commission shall proceed to hear and determine the complaint under such rules of procedure and other rules as they may adopt, giving the parties inter- ested in such complaint full hearing in person or by attorney, and they shall examine such witnesses ana other evi- dence as the parties shall offer. Upon the hearing of such matter, said railroad commission shall determine whether the rate or rates complained of are reason able If they determine that such rate or rates are reasonable, they shall so de- clare; but if they determine that such rate or rates are unreasonable, then they shall fix and determine what are reason able rate or rates in the case or cases complained of, and shall enter an order nNing and establishing the rate or rates 10 De thereafter charged in the case or cases complained of. The said commits sion may adjudge the costs of such pro- ceedlnS against either the party complain- Ing ana his surety, or against the rail- road complained of as the equities of the case may require. The items of cost to De taxed In such cases shall correspond in amount to like items allowed by law in cases in the Circuit courts of this state 1" 5. The attorney general may himself oor by some attorney of his selection nrocuro mandamus or mandatory injunction to secure the enforcement Of the railroad commissions orders and rates This is s new section.
 1. The penalty provided by the Georp,a law is added.