The Birmingham age-herald., 1903-11-07
ANNUAL REPORT |S SENT ID GOVERNOR Railroad Commission Has Done
 Good Work CHANGES MADE IN THE LAW Commissioners Are Gratlfled at ln- crease of Power Given Them By
 the Legislature-Freieht
 Rate Decision Explained.
CHANGES MADE IN THE LAW

Montgomery, November 6-(Special)-
 The annual report of the Alabama rail-
 road commission was filed with the goy- ernor yesterday. The copy is in the hands
 of the printers and the full report will
 soon be reudy for distribution.
 This report is one of the most inter- esting yet made by the commission. It covers not cnly the work done by the commission, but sets forth the very i.n- portant changes in the law regulating the
 work With the new law giving the com mission power to enforce it's orders, much more interest centers in the acton IL may take on matters presented for ad- justment.
 The report. which was drawn by Pres ident Smith, sets forth the important or ders that have been made by thls law, and defends the course of the eommls- sion in the position assumed at the July meeting, as to fixing intra-state rates ana denying relief prayed for in numerously signed petition then exhausuvely dls- cussed.
 The full text of the report to the gov-
 ernor Is as follows:
 The Report. Office of the Railroad Commission Of the state Ol Aidudhha, Montgomery, Ala, October lO' l9oS. Governor William D. Jelks, Montgomery, Ala.
 | Sir-As required by law, we respectful l ly submit a report of our acts ana do- ings" for the year ending June 30 lsoo. l Since our last report many important l changes have been made in the law gov erning the powers and duties of the com mission, which law will be printed In run | mn | that the recommendations of the commits | sion as to an increase in power for the enforcement of all lawful orders made by us have been enacted into law, which will enable the commission to more et- l ficiently discharge its duties, and bring about many reforms in the adjustment of the tariff schedule of the various rail- roads in Alabama
 If is also proper to state that under | the law now, the railroad commission Will hereafter, be elected by the people in- stead of appointed by the governor, as heretofore.
 Application Heard. We beg leave to report that In May of this year the commission heard an ap- plication filed before us in writing, sign ed by a very large number of citizens, praying for a general reduction of all the freight tariffs in Alabama. This cause was heard finally in July, but being com menced in May will be included herein. In the course of this hearing much eVi- dence was introduced and the law coV- ering the question involved was diseuss-
 ed at great length. We found that the supreme court of the United States in
 the case of Smythe vs. Aymes ct sls,' Vol. 169, United States reports, held, That in fixing interstate rates the earnings on interstate business or the profits de- rived therefrom, could not be considered by the railroad commission" The law or Alabama also provides that in revising the tariffs, the railroads must be allowed to yield fair and just return upon the value of the road, it's appurtenances and equipments. Following these rules, the commission was compelled to deny the relief prayed for in said petition.
 The opinion in said cause, with the req sons for denial of relief, is printed in full and made a part of this report. In May, 1903 upon our own motion, we cited all the railroads to appear before us to show cause why material reductions should not be made upon classes c, D. and F, covering grain and hay and grain products, as well as certain other pro- ducts raised in Alabama. This cause was also heard finally in July and as re- suit, material reductions on these class es as we'll as on homegrown syrup
 
 the commission, which will result in saving of several hundred thousand dol lars annually to the people of Alabama
 Ten Per Cent Reduction. A rule was also established that 10 per cent should be deducted from the sum of two local rates, which will result In a very material saving on all shipments passing over two or more railroads in Alabama. We have also published these findings and this new rule as a part of this report.
 Since our last report. the Supreme court of Alabama has handed down an opinion in the case of J. l.. Burke, ct als. vs. the N. C. & St. l.. railway, in which it was held that while the commission had the power to order the removal of the depot for Guntersville from Wyeth City to Guntersville, yet the law did not provide any remedy for the enforcement of said order, and the application was therefore denied. The recent act >of the legislature. however, provides a remedy in such cases. and the commission has therefore made a new order in the case. and upon the refusal of the sad railroad company to comply herewith we have. as provided by the present law. filed with the attorney general a certined copy 3f said order, and failure to comply there
 with, and the matter will again be placed
 
 include this order as a part of this re- port.
 Mobile Depot.
 The last legislature also passed an act to provide for the maner of construct ing and maintaining an union depot for the city of Mobile, by the different rail- roads entering that city. Under the terms of thIs act. should the railroads fail or re- fuse to comply with the requirements thereof, it is made the duty of the com- mission to take the necessary steps to en-
 force compliance. but the time has not yet expired within which the railroads
 may comply, and 1t has not been incum- bent upon us to take any action in-thc premises. We also print copy of this act as a part of this report. We are much gratified to state that dur. ing the year just passed the roadbeis of
 the various railroads in Alabama have
 been brought to much higher standard, and many new depots built and old ones repaired In fact, the service has been greatly improved and nearly every section of the state is now the recipient of first class accommodations and convenient schedules.
 In view of the fact that there has been no change in the Southern classification