The Montgomery advertiser., 1904-11-17
OF RAILROADS
SESSION OF COMMISSIONERS IN
 BIRMINGHAM.
Maine Man Defends the Carriers and Declares that They Are Entitled to Consideration at the Hands
 of the Public. r--s7- ,

| tlTmfnKnam, NONs lo'-NOPSSaNA-(-7 1 The. attendance to the sixteenth annual l convention of the National Association Iof Railroad Commissioners was larger
 today. several more delegates arriving last evening and this morning.
 l. The principal feature of the session today was the presentation Of a report | on legislation by Hon. Judson c. Glenn ents of Georgia, member of the Inter state Commerce Commission. He pre-
 sented a written report at nrst ana followed it with a verbal report. He said that the greater portion or the legislation grew out of the discussions as to rates. Seventy-five years ago there were practically no railroads. To-
 day there are 20S,00O miles of railroad track, not counting double tracks ana switches, enough tracks to stretch seventy times from New York to san Francisco,
 A lively discussion was aroused in which Benjamin F. Chadbourne or Maine spoke ardently, criticising the Interstate Commerce Commission on the subject of rates and rate making. He said that the railroads developed the country and should be given credit therefor. He called attention to the development In the State of Maine of recent years, where pulp was peing gotten out for paper manufacturing, and said that the railroads had done more for this development than any other agency. He said that the south was line section of the country and had a great future, but in their prog ress and future development, the rail- roads would be called upon for assist ance. He called attention to the great l amount of cotton raised in this sec ton, and said that the railroads cav | ried the better part of 1t away from | here to other sections. He said that | there were complaints to be heard | against the railroads just as we'll as | against ministers at times, against \ physicians and others.
 | Judge Clements answered MT. Chad | bourne by saying that the people were doing something for the railroads ds we'll as the railroads doing something | for the people, and he called attention
 to the immense receipts. and said that | there was a good interest paid on the | real stock of the concerns
 The Executive Committee of the As
 sociation made a good report, suggest | ing a free and liberal discussion of the subject of legislation. The committee also suggested that the Association ! discuss the propriety of granting Of franchises for competitive railroads. l the opinion being expressed that com petitive railroads should not be encour- | aged.
 | Prof. B. H. Meyer, expert special | agent, representing the Interstate Com
 merce Commission, read a report on | "The Valuation of the Railways of l the United States" and J.. U. McKen- l zie, railroad commissioner of Tennes- see, read a paper on the best means to | ascertain the valuation of railroad | properties. The latter report was an | exceptionally strong one.
 He did not believe that proper values of property could be established by | taking the amount of stock of the rail- | road and figuring thereon, The report ! brought forth resolution providing | for common means of ascertaining val | uations, the Interstate Commerce Com l mission to become interested.
 This afternoon the delegates were entertained at the Country Club, and tonight another session was held, at l which papers were presented and dis cussed.
 Tomorrow morning the election of off, fcers takes place and the business of the convention will be wound up. The special train will leave here about 2:30 o'clock for Montgomery. The dele gates will be escorted to the Capitol in Montgomery, and Governor Cunning ham will deliver an address. The Commercial and Industrial Association of Montgomery will entertain the dele- gates tomorrow evening.
 Among other things the report on | legislation contained the following: While there are many other mat | ters of greater or less importance | which might be mentioned. the chief defect in the system of federal reg ulation, is the lack of public control over the rate in issue. The power of | the Interstate Commerce Commission | to investigate and obtain information
 is full, and this power has recently l been most emphatically affirmed by
 the United States Supreme Court in a
 proceeding brought to compen the tes- | timony of a number os recalcitrant
 witnesses in a proceeding pending be- | fore the commission involving the le-
 gality of rates and practices applied | in the transportation of anthracite
 coal from mines in Pennsylvania. Qn- | terstate Commerce Commission vs
 Baird ct al., 194 United States 25 ) But in the case of an unreasonable | rate the power of the commission Is limited to the condemnation of that
 particular rate. It cannot, when it
 finds upon proof an unreasonable
 rate. prescribe In it's stead such rate
 as is shown by the evidence to be
 reasonable or even prescribe a maxi
 mum reasonable charge. If it had
 sucn authority under the present law
 of procedure, the carrier need not obey
 Its order until after the successful prosecution of a proceeding for it's
 enforcement in the Federal court. Grand Jury Discharged. | The grand jury for the September
 term of the criminal court today sub