The Birmingham age-herald., 1905-03-21
RAIL WAY RATES
 POLITICAL ISSUE Cunningham Writes to Conner
 on This Question ITSPOLITICAL SIGNIFICANCE
Cunningham condltionally commends comer-Endorses Hypothetieally Principles of R. R. commls-
 sion Under New President.

R. M. Cunningham, ieutehdHe SOseA nor, and in the absence of Governor Jelks, acting governor of Alabama has written under the date of March ls, letter to B. B. Conner. president Of the Alabama Railroad commissions In whien Dr. Cunningham hypothetieally endorses the principles and policies set forth in the interview given out by MT. Conner on the day that gentleman entered upon the duties of his office.
 In as much as Dr. Cunningham is an avowed, and MT. Conner supposed, can didate for governor of Alabama, and in as much as the railway rate question will enter largely into the contest, this letter of Dr. Cunninghams will be read with great deal of interest. Here it is
 The Letter.
 Acting Governor Cunninghams letter is as follows:
 Chief Executive Department of Ala
 bama.
 Montgomery, Ala, March IS. "Messrs. B. B. Conner, President, and w.
 c. Funtstall and W. T. Sanders, Asso- ciate Commissioners, Alabama Railroad Commission, Montgomery, Alabama:
 stGentlemen-There is not at this time nor has there been for many years more important and practical question to the people of Alabama than the es- tablshing of a fair, just and equitable freight tariff to be charged by the com mon carriers of this state.
 Since the adjournment of your last meeting I have been seriously debating in my mind the duty of the governor and the propriety of his making any sug- gestions to the honorable railroad com mission relative to this matter. l have concluded, after much thought, that 1t is his duty to do so. At the outset I de- sire to disclaim any intentions upon the part of the governor to dictate to or in any way control the railroad commission in the discharge of their duties. The law, so far as I know. does not give him the right to lnterefere in this matter. except as providede by the constitution to take care that the laws be faithfully executed. The power and authority of regulating railroad freight and passenger tariffs is given to the legislature by the constitu- ton of Alabama. Section 243 provides that:
 The power and authority of regulat- ing railroad freight and passenger tariffs, the locating and building of passenger and freight depots, correcting abuses, pre- venting unjust discrimination and extor- tion and requiring reasonable and just rates of freight and passenger tariffs are hereby conferred upon the legislature, whose duty 1t srall be to pass laws from time to time regulating freight and pas senger tariffs to prohibit unjust discrim- ination on the various railroads, canals and rivers of the state. and to prohibit the charging of other than just and req sonable rates and enforce the same DY adenuate penalties
 he mo otIaetinp that under this section of the constitution the legis- lature has the direct power to regulate railroad freirht and passenger tariffs in tLis state Instead. however. of directly exercising this power the legislature has provided A railroad commission and has conferred upon that commission the DOW or of supervision over all railroads in the state. and the power to revise and regulate tariffs.
 Rates Are Excessive.
 ''The statistics submitted at your last meeting, if true demonstrate that freight rates in this state are far in excess or the rates In the adjoining states of Geor- gia and Mississippi. After thinking the matter over carefully, with the facts at his disposal and by exercise of every logical method. the governor is of the opinion that there is no just and equitable reasons for disparity in the freight rates existing between Alabama, Georgia and Mississippi If these rates are just and fair and equitable in those states then they are unjust. unfair and unequitable in the state of Alabama. If they are too low in those states then it is unfair and unjust and unequitable to tax the people of Alabama with the difference. It seems to the governor that this con- clusion Is unavoidable. The people of Alabama are entitled to action on the part of the railroad commission upon these matters. They have the right to expect action. cnd in my judgment 1t Is the duty of the governor to see that they get relief If they are entitled to It. After a conscientious and careful hearing, if for any reason the railroad commission falls to act upon these grave and important matters 1t is the opinion of the governor that 1t will be the duty of that official to call the legislature in extraordinary session that that body may. under section 243 of the constitution, directly legislate in the regulation of railroad freight and passenger tariffs.
 ''The responsibility. gentlemen, under the laws of Alabama. is yours: the re- sponsibilitv under the constitution of the state Is that of the governor
 Very truly yours
 (Signed.) "R. M. CUNNINGHAM
 Lieutenant and Acting Governor"
 -.-.-----4.
 A. n.