The Birmingham age-herald., 1905-11-12

brings out the contention made by some at this time that the law by which the railroad commission is and has it's being, is not capable of supporting actual rate making and backing the orders of the commission up. There does not seem good ground for this idea, in the light of decisions of the supreme court of the United States Several cases have been fought out in which the principle has been sustained that the legislative body may delegate the power to fix the rates to commission. The supreme court of Georgia, ruling in the affirmative on this very point, was sustained by the United States court of last resort, and the attor- ney general has held the Congress may do the same thing. The section of the Alabama constitution bearing on the au- thority to make rates and control rail- roads Is exactly the same as that of Georgia, upon which the fight was made by the Georgia Railroad & Banking Co, to prevent the state. through the rail- road commission. from establishing a schedule that was lower than what had been agreed upon in the charter contract. The fact is the Alabama section was copied from the Gerogia, with the addi- ton of some little verbage to take in the old 1875 provisions.
 But all the politics of the state Is not bound up in the Democratic ranks, though there is lot of 1t there at this time. with more coming. The appoint ment of Lee J. Bryan to be United States marshal of the Middle district. be- fore his time was out and in the face Of the fact that he was opposed by some of the leaders of the party has set new lines of influence to work with hand and talk, and II Is whispered here and there that his approval by the au- thorites will not be easy of accomplish ment. It is no sort of secret that Cap tain Bryan was named solely at the re quest of Judge Thomas G. Jones, of the United States court, and that the friend ship of the judge followed an effort on the part of members of the party some time ago to put a man out of the force of the marshal because it was charged, he was a Democrat Judge Jones inter ferred then and afterwards contended that he was in q measure committed to the candidacy of Captain Bryan How ever, the referees of the party in the state do not propose to let the matter drop here. They think that In going over their heads there has not been given the proper respect to the positions they occupied in the party and 1t Is not unsafe to presume that they will seek Il way to set themselves right with all concerned They had a meeting here and went over 
 fort will be made to get a new hold on the situation.
 It is not the impression of the people who are posted that the President has dis counted the Alabama leaders of the party or has set Judge Jones up as his aG- visor as to who will be given the honors in the state Judge Jones does not seek such responsibility, it is said, and only made the fight for Marshal Bryan to vindicate the position he had taken before. The Alabama referees have too many evidences of the regard of the President to think that he has intended any insult or rebun to them, and the appointment of Captain Bryan is attributed wholly to an unusual circumstance in which the judge thought his interests had been elicited in way that he could not avoid, and the President, having confidence In him. did as he asked without consulting anybody else. Some of the best officers of the state are the friends of the referees. 1t is said and they are yet the advisors of the party down here with every attention and respect given to their