The Birmingham age-herald., 1904-11-18

dg d5elng prescribed within fixed limits s,,,s os by eiect statute. or being fixed Tn leiin9 ,ts the order of the state commission lls yuseness and reasonableness must "a +o | sernined before a court unaeeusloiiieu ~ u'ealing with such matters ana .iio H 1tti gation.
 Why should not the state coEamissleh oe constituted a court to consider 4 aiu cue all questions involving the yu9.iss yalls,s ana reasonableness of rates Wlth Ju, J, isui sun. lion to hear and fully determine ail .. suS.. questions, so that it's orders thereon should have the full force and erect oi the Judgment of a court of recordY In such cases the commission, or eoufse' should be invested with the power 10 Is sue notices and all ordinary processes Tor summoning parties and Witnesses which are possessed by the ofoihdIy courts of record. There would seem to be no objection to eonferring upon the state commission the legislative power or prescribing and fixing rates, and also 10 constitute the commission | court to pass upon the reasonableness of rates In all controversies in which that question may be raised.
 A commission with such powers could clearly exercise the right, conferred by statute upon it. of enjoining a railroad company from advancing it's rates until the question could be considered and passed upon by 1t; such an injunction would be merely ancillary to the general Jurisdiction exercised by the commission as court of record. We believe that state railroad commission could be made court of record, with a clerk and all the powers of any other court of record, ..s- ,f e4f of the constitution of the United States. But if 1t be impracticable under the con- stitutions of some of the states to con vert state railroad commission into a. court your committee thinks that strin- gent laws should be passed imposing pen alties, not only upon the railroads as cor porauons, but upon their officers, who l should be concerned in making the ad- vance in rates without the consent of the commission, and also upon all of the onicers or agents of the company who should undertake to put any rate into enect under such circumstances. A strict law of this character rendering all the individuals connected with the violation of the law criminally liable would prob ! ably prove effective.
 | Without prolonging this report, your committee recommends to the association that 1t would be wise for the states rep resented in this association to confer the foregoing powers upon the railroad com | missions.
 Smiths Remarks.
 Retiring President Smith made a point | ca speech shortly before adjournment was taken. MT. Smith appeared to be | deeply affected, and while he was speak ing he was given the undivided attention | of the delegates. He said:
 | tTf1r ffr,er express my sincere appreciation of the loyal support accorded me in my earnest efforts to make this meeting a success in | every sense. To say that 1 part from l you With regret Is but to speak the sim | pie truth, but 1t Is not amiss for me to say that if it were given me to go over my official life as president of the Ala bama railroad commission, my course | would be the same. 1 have no regrets threat or apologies therefor The people of my state desired a change Of policy in | the administration of the railroad com mission law, demands were made upon | me which I could not from my stand point, conscientiously perform.
 | T saw the storm arise heard It's low mutterings of thunder, saw the vivid | lightnings hash-no one saw 1t plainer, but duty as I saw 1t commanded me to bare my breast to the storm and go down in defeat the victim of my own conscien- tious convictions, which stood in the path | Of the peoples desires. l have no cause of complaint for having deliberately taken stand in opposition to the wishes of a majority of the people. nothing was left but to become a vicarious sacrifice upon the altar constructed by me in the dis charge of my duty in a manner I believed to be right Without a murmur with noth- | ing but love in my heart for the people | which l have served for the past four
 years, and with an earnest desire al
 ways for their future welfare, I shall on the first of next March lay down the | duties of official life and assume for the | first time In twelve years the duties of an humble and private citizen. Whether | right or wrong, I retire with the approval
 of my own conscience. which Is worth
 more to me than the plaudits of the pop
 ulace.
 You have been kind to me, far beyond
 my deserts: you have promoted me to a position of national importance and i'm posed upon me duties which I felt beyond
 my ability to perform; but it Is com.
 fort to me to assure you that I have
 tried to compensate for this in loyalty tc
 shall in the future endeavor to attend
 your meetings and contribute In every
 possible manner to your future success.
 bid you God speed In your work and in
 voking the blessings of Him who rule,
 the destiny of all men and nations upof
 your future efforts, I take great pleasur,
 in surrendering the chair to my very abl'
 and competent successor"