The Montgomery advertiser., 1903-07-05
ROAD COMMISSION ORDERS - =7=sz zs=z=7
 sREDUCTION OF FREIGHT RATES

140 miles and over 1sO. 22 cents per hun 'dred pounds.
 l5o miles and over l4o. g cents per hun dred pounds.
 . iso miles and over lSO. A cents per hun dred pounds.
 TO miles and over lsO. 2 cents per hum dred pounds.
 1so miles and over TO. 2s cents per hun dred pounds.
 1sO miles and over lSo. 2 cents per hun dred pounds. ...-..-. .---.-.-- .--.
 200 miles and over lsO, 2 cents per hun dred pounds.
 21o miles and over 200. 8 cents per hun dred spounds.
 21 miles and over 21O. 2S cents per hun dred pounds.
 23o miles and over 22O. 2s cents per hun dred pounds.
 24o miles and over 20, % cents per hun dred pounds.
 25o miles and over 24O. 90 cents per hun dred pounds.
 26O miles and over 250, SO cents per hun dred pounds.
 20 miles and over 26o, 31 cents per hun dred pounds.
 2so miles and over 27o. s2 cents per hun dred pounds.
 20 miles and over 2so. ss cents per hum dred pounds.
 300 miles and over 20. ss cents per hun dred pounds.
 s It is further, ordered and directed that COW. clay and field peas be chased "D' and take the same rate as grain.
 It is further ordered and directed that the foregoing orders shall not have the affect of repeating any special commodity rate now in effect when such special com modity rate is lower than the rates named in the above order.
 It is further ordered and directed that all the rates and rules hereinabove made shall be in force and effect on and after the. 18th day of July. 1903. and that a copy of this order be furnished to each railroad company in Alabama to be af- fected thereby.
 Done at the office of the Railroad Com mission of the State of Alabama, this the 3rd day of July, 1903. \. John v Smith. President w. c. Tunstall, W. T. Sanders, Associate Commissioners. The opinion of Associate Commission CT Sanders denying the petition for adop- ton of the Georgia schedule of rates is as follows: trank s. White. B. B. Conner ct als, vs. Louisville and Nashville Rail-
 Road Company ct ais.
 Opinion by Associate Commissioner, w. T. Sanders. N
 The complainants in this cause petition the Railroad Commission of Alabama (D to establish in this State the Georgia classification as to commodities, and to put in force in Alabama the freight tariffs which now obtain in the State or Georgia: @ that just and reasonable rates be made and maintained for the carrying of freight by railroads from points on the Tennessee River in this State where railroads connect with such points; and (3) that reasonable joint rates be established between boats ply ing said river. and railroads which con meet with them, on shipments within this State
 Tie case. has been elaborately and ex- haustively presented, and argued most ably orally and upon written briefs both by the complainants and the defendants: and has received the fullest measure of consideration on the part of the Com mission.
 Section 10 of the Act of the Legisla- ture of Alabama, approved February 2S. lsO3. prescribes that the Commission snail exercise watchful and careful supervision over all tariffs and their operation, and revise the same, from time to time, as justice to the public and the railroads may require, and in- crease or reduce any of the rates, as experience and business operations may show to be just. but in revising the tariff the Commissioners shall take into con- sideration the nature of the service to be performed. the entire business of the railroad. and Its earnings from pas -senger and other traffic, and so revise the same as to allow a fair and just return on the value of the railroad, its appurtenanees, and equipments"
 This legislative enactment imposes a limitation upon the authority of the Commissioners. and is in recognition of the Fourteenth Amendment to the Federal Constitution against depriving carrier of its property without due process of law. and denying to it the equal protection of the laws. Smyth vs. Ames. 169 U. S., page 466. Power Not Arbitrary.
 It will therefore be seen that the Com. missions power Is not arbitrary in the premises, and that no rate can be established and enforced. which does moi yield to the railroads "a fair and just return on the value of the railroad its appurtenances and equipments The practical question then with which this Commission Is confronted is to de-