The Montgomery advertiser., 1904-10-16
RATES
 DISCUSSED. Annual Report of Alabama
 Commission. SENT TO THE GOVERNOR President Smith and ASs0ci. ates Defend Their Course. State Congratulated on Tari3 Charged on Freishts--small Number of
 Railroad Accidents Du.
 ring the Year.

Commission of Alabama as required by law has been prepared and filed with Governor Cunningham.
 The review of the years work of the commission is rather longer and of more importance than were the re- views in the reports of commissions of other years. Portions of the report are reminders of the hot discussion of freight rates which was so prominent in the party primary of last spring. In his campaign for president of the Rail- road Commission, 1t will be recalled that B. B. Conner of Birmingham, at- lacked the policy of the commission in its bearing upon freight rates.
 The review. which is signed by Presi- dent John V. Smith. Associate Commis- sioners W. c. Tunstall and w. T. San ders firmly supports the policy adopted by the commission that there should be gradual reduction of the freight rates, as the prosperity of the State and the business of the railroads jus tihes 1t. The difference between inter state and tntrastate rates is shown and emphasis is laid upon the fact that SO far as the total rate is concerned, from the great distributing points of the west, Alabama enjoys a better rate than Georgia, whose rates have been so complimented previously.
 The report has an added interest in that It IS the last annual report which will be signed by President John ". Smith. Before the time for the issu- ance of the next report of the commits sion B. B. Conner will have become President of the Commission.
 The report informs the Governor that inc Com fcSfnt1 ha ,A proved the Southern Classification and Exception sheet and the mileage tariff tables of several railroads in Alabama. The rules governing the erection of depots and their maintenance were re- adopted by the commission and made a part of Its report.
 The report contains the important opinion rendered by the commission that it did not have Jurisdiction over car service matters. The opinion was rendered by Associate Commission CT Sanders and was concurred in by other members of the Commission.
 The rules of practice of the Commis- sion are made part of the report.
 Depot in Mobile.
 The part of the report dealing with the proposed passenger station at Mo- bile is as follows:
 Pursuant to the requirements of the act of the Legislature, ,19023. the Com mission held a special session in the City of Mobile for the purpose of select ing a proper location for the erection and maintenance of a union passenger station for that city. The order is pub lished in full in this report. Under the provisions of the act of the Legislature any railroad company operating in the City of Mobile was authorized to build the station contemplated by the act. The Southern Railroad Company av ail- ing itself of this provision offered 10 construct the station, and the ordt r was so made, all other railroad co npa- nies operating in Mobile being req tired by the terms of the order to join in the use and maintenance of said station ir accordance with the requirements If the act. Thc Southern Railway is now proceeding with the erection of the station, and we feel Justified in stat ing that. when completed. this will be one of the most convenient. handsome, and costly passenger stations in the South, and will be a credit to the City of Mobile. and to the entire State. The Commission will from time to time ex- anime and keep itself informed as to the progress of the work. and the com pliance with the act of the Legislature. and the order of the Commission in reference to this matter"
 The success of the Commission in securing the promise of new depot at Decatur Is mentioned together with the statement that the work on tht5 depot will begin as soon as the condemnation proceedings have terminated.
 The report alludes to the decision nf Chancellor w H. Simpson that the Commission has only advisory powers and that its orders cannot be enforced . "A auGUaafi0n of the Commission the Attorney General of Alabama has appealed the case in ques- tion from the decision of Chancellor simpson to the Supreme Court of the State. A table of the railroad acci- dents which have occurred In Alabama during the year is made part Of the report. Attention is drawn to the fact that there has been no shocking rail- road disaster in Alabama during the year.
 As to Freight Rates.
 The report contains the earnings and the history of the Alabama railroads Rv far the most important part of the Commissions report deals with the freight rate question. In full that part of the report Is as follows:
 During the past two years earn ,st demands have been made upon the Commission for reductions in the local freight rates in Alabama. The com . mission has been in thorough accord and sympathy with this desire ana fsS used all the means and authority vest ed in 1t, within the bonncs 0! tne laW to bring about the result We nave hoveveT been mindful of the fact that we are quasi judicial officers. and arc oneratinT under law. and are bound uh- der oath 10 respect the statute creating inc Commission. and the decisions