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


 those constituting the tribunal provided by law for the investigation and regula- ton of rates. Yet there is agreement among them as to some of the facts, The associate commissioners in their opin- ion rendered say: s.It was further shown by the evidence that the average of all rates in classes A to F and 1 to for distances from five to three hundred as compared with the average of all rates applicable over all lines in the state of Alabama Is greater in Alabama by 4.39 per cent"
 Opinion of President. The president of the commission in his opinion says: "A comparison of the freight rates of Alabama on the follow Ing articles of common product manu- facture and uses, namely lumber and the products of lumber, brick, lime, cement, marble, fruit trees, shrubbery, peaches, fruit jars melons, meat lard, soap, pota- toes rice. molasseS, cotton, cotton seed, cotton seed meal and hulls fertilizers cotton ties and bagging. domesties, cot ton rope, ground peas grain, hay, flour, scrap iron, nails barbed wire, wire fence and fencing iron pipe, farm wagons,
  fee. sugar, ice, bran, dry goods. boots and shoes was made with the freight tax paid by the Georgia manufacturer, producer and consumer on the same rail- roads and same class roads In Georgia and Alabama, and 1t was shown that Alabama freight tax was 20 to 120 per cent higher than the Georgia freight tax"
 As to the conditions which must be considered in fixing rates in the two states, Alabama and Georgia, the seso- ciate commissioners, after quoting the Nebraska case as It bears upon the point, say:
 "The testimony upon this hearing dis closed that the very points of dissimi- larity mentioned by the courts as exist ing between Iowa and Nebraska, visible. greater earnings per mile and increased population per mile in Iowa exists be- i tween the states of Georgia and Ala 1 bama, the former showing greater earn ings than upon Alabama lines, and on the whole more population per mile of road"
 l On this point the president of the com mission says: Both are agricultural states and alongside of each other, and have nearly the same population-Ala- bama has 37 inhabitants to the square mile, and Georgia has 39; Alabama pro- duced last year $50 bales of cotton to the railroad mile. Georgia 335; Alabama has 425 population to the railroad mile, Geor- gia 335. Alabama has more tonnage from the Birmingham district alone than the whole state of Georgia and will call at tention to the Nebraska cases citei in the majority report. Iowa. which has a much less freight rate than Alabama, has 20 population to the railroad mile. l while Alabama has 425."
 As to what may be expected in the l final adjustment of this problem in the iefa ia of Ia | president of the commission. who says: Tt was i. evidence that the same citation of the law and court decision and the same statements of earnings and poverty con- ], ditions was used by the railroads before 1 the railroad commission of Virginia, Car olina and Georgia. and yet these com- missions established classification of | freight and enforced a freight rate much | lower than ours-a rate lower than the railroads claimed they could stand yet the history of those states, which was in evidence, showed that both the railroads and states were prosperous"
 1 From the evidence at my disposal 1t Is clear to me that three facts are estab- l lished:
 1. That rates in Alabama are higher than in many other southern states. g. That all the conditions which enter the problem of rate-making are more fla vorable to a reduction of freight rates in | Alabama than are the conditions in the state of Georgia.
 g. That if the legislature or the rail- road commission of Alabama reduce the rates In Alabama to a rate as low, or even lower, than they are in the state of Georgia the courts will sustain the re- duction.
 Therefore. I would, If governor ap- rrove a bill establishing the Georgia classification of railroads and Georgia rates for the transportation of property.
 Record on Question.
 My record on this subject began in 1881. when I voted for the Langdon bill, H. I'll. This bill conferred upon the com mission all the powers necessary to reg ulate and fix freight rates in this state I opposed the substitute adopted by the senate, which practically destroyed the power of the act and made the commis- sion advisory. I opposed the report of the conference committee. which in eff feet sustained the senate's substitute (See house journal, pages 549, 665 and 6S6 and 731 and 740) When in the senate, session 1896-7 I voted for the Boykn bill s. 237, which was a bill providing for the fxnig and enforcement of rates, and for the election by the people of the rail- road commission. lSee senate journal, page 6S7.) On the last day of the ses- sion house bill 402, ITO prevent over charges on freight rates, etc., was 
 perfectly apparent that it was impossi- ble to pass this bill owing to it's being the last day of the session, when the calendar was crowded with so much un- finished business A motion was made to table this bill. which motion prevailed. I voted with the majority. What this bill provided I do not recall. (See senate journal, page 10S0.) As the president or the senate during the last session of the legislature, while the bill providing for the election of railroad commissioners, etc, was pending, a motion was made to amend the bill in such way as 10 provide for the election of the commits sioners in 1906, instead of 1904. On mo- tion to table this amendment the vote was a tie I voted "aye' and tabled the amendment. Senate journal, page 669) Had I not thus voted the motion to ta- ble would have been lost and the next question would have been the adoption of the amendment Had the vote in that case been a tie, 1t would have been in my power to have voted aye" and thus defeated the election of the commission ers In 1904 CThe act was afterwards amended so as to provide for the election of the associate commissioners in 1906, which I opposed.) On the last day of my administration of the office of gov ernor I wrote letter to the railroad commissioners calling their attention to the importance of tha question of reRu-