The Birmingham age-herald., 1905-09-23

CUNNINGHAM,
 for Governor of Alabama.
 
 merce, that is within the state, the au- thority is the legislature.
 4 That these authorities may indi- rectly regulate railroad rates by estab- fishing a tribunal for that purpose, for example, a commission.
 D. That the power of these authorities is limited as to the degree of regulation and that the regulation must be in ac- cordance with certain rules and pro- cedure which have been established by law.
 Falr and Just Return.
 These rules and procedure relate to fair and just return upon the capital in- vested in railroad properties, to the ele- ments of value, in intra-state regulation, to the earnings within the state and to the conditions within the state relating to the value of the property. the cost of it's operation and the gross and net earnings etc. These various factors in the problem of the regulation of railroad rates have been fixed and determined by the courts and are therefore the law or the land.
 There are two methods advocated for the regulation of transportation rates, to-wit: commercial and gov ernmental. The principle of commercial regulation is competition and the reciprocal relations that exist between the common carrier and its patrons The principles of gov ernmental regulation Is the authority of law to establish and maintain by law | justice and equity between the common l carrier and it's patrons.
 Samuel Spencer, president of the South | ern railway, delivered a very thoughtful | address upon this subject before the an- ,I Rf IJaf f.f. ware Jobbers association. He discussed more particularly interstate rates. Speak ing of interstate rates he says:
 "The development of the iron industries of Alabama and Tennessee was made pos- sible only by the making of low freight rates from those regions to the portions of the country where iron and it's pro- ducts are consumed in the largest quan- tities'
 He further says:
 Rates upon the raw materials neces- sary for the operation of the Alabama furnaces were made unprecedentedly low, in order lnat those furnaces might be built, might continue to run at low cost, compete in distant markets and build up a trade against powerful competitors already intrenched in wealth and iTiour- ces, and situated nearer the established markets"
 There could not be cited more con- spcuous illustration of the power of railroads to develop and build up coun- try, nor a more conspicuous example of the benefits of low rates and in the pres ent prosperous condition of the iron in- dustry in his state, and in the enor- nous tonnage furnished the railroads for transportation, is found an apt Illus tration of the reciprocal benefits accruing to both producers and carriers by the observance of mutual interest. Commer- cial rate-malxing therefore is good thing when it is fair and equitable, but bad thing when it is unfair and negotiable. Therefore, governmental regulation and supervision is the better indeed the es- sential policy.
 Favors Rate Regulation. I am heartily in favor of the regulation by law of railroad rates in the state of
 Alabama, and, if governor, would so recommend to the legislature.
 Section 243 of the constitution of Ala bama confers this power directly upon 1 the legislature. I am of the opinion that the following legislation would result in the regulation by law of railroad rates and In the maintenance of justice and equity between the carriers and the peo- pie.
 | 1. The enactment of a law classifying the railroads of this state and fixing maximum rates on these roads to be charged for certain distances for trans
 portation of classified kinds of property. | 2. The enactment of a law comforting 1 upon the railroad commission plenary power to further regulate adjust and fix l rates; to send for persons and papers l and to have access to the records of l the railroads in order that they may I learn the facts as to the value. earnings, 1 expenses Cooperating, etc., and all other l information necessary to the just and l equitable fixing of rates; that the rates when fixed by the commission shall go 1 into effect at once, or at such time as the commission may fix; a liberal appro- priation subject to the order of the com mission for the employment of expert evidence clerical force and of counsel to defend their findings in the courts; in the case of appeal or injunction proceed ing instituted by the railroads the rail- roads to be required to deposit with the state lawful money of the United States or such security as the commission may approve equal to the difference esti- mated by the commission in the rates fixed by the commission and that charged by the railroads; if the contention of the railroads is sustained by the courts, the money or security to be returned, but if the rates fixed by, the commission are sustained, the money deposited with the state to be distributed among the ship pers who paid the unfair rates pending the decision of the courts; and adequate penalties for the violation of the law; and adequate means for it's enforcement In addition to these laws acts regulating the car service and providing for the prompt adjustment of claims
 I am in favor of such legislation, and all legislation as may be necessary that the sovereign state of Alabama may ex- ercise it's authority in fixing just and equitable railroad rates and in maintain ing and enforcing it's mandates. I am now, and have always been. opposed to a railroad commission with advisory pow CTS only. An old definition of law Is: Power to command that which is right t and prohibit that which is wrong." A law which Is merely advisory is an ab- surdity and a farce.
 As to whether there is inequity in rail- road rates in this state there Is unfortu- nately a difference of opinion among