The Montgomery advertiser., 1905-09-27
Matters Press
 ing on State. WRITES TO GOVERNOR Discusses Quarantine and
 Rate Legislation. Suggests Compact Between the States and Thinks Members of Con- gress from Alabama
 should Be Advised.

Iengthv letter. written from Bailey
 Strings near Florence. The vener- able United States Senator from Ala bama declares that there Is now ex- traordinary occasion for converting the Legislature into special session.
 In this letter, considered by a few
 at the Capitol who read 1t yesterday
 as a monument of constitutional argu- ment, little reference Is made to the surplus in the treasury of Alabama. The issues of States rights to fix the rates O. common carriers, uniform quarantine regulations and the dis
 posal of the water power developed by the improvement of our great water
 ways are called to the mind of the Gov ernor as sufficient reasons for assem- bling the legislators in Montgomery be- fore the cycle of the regular session rolls around
 The pressing questions of quarantine and railroad rate legislation are inter-
 esting Senator Morgan at this time be- cause at the next session of Congress they are likely to be considered. He appeals to Alabama, through the Gov ernor, to exercise its sovereignty and declare its rights on these measures at an early date as he would consider any laws an extra session might bring about as valuable instructions to the Conrressmen and Senators from the State.
 Wants Advice of Legislature. Tt is neither wise nor right to leave our Congressman to prescribe or fore
 stall the policy of the State In mat ter that involves her sovereignty" said the aged Senator after discussing the power of a commonwealth to fix the rates of railroads whether the traffic originates in the State and is destined without or not. For one, I want the instruction of the Legislature on this subject and I will add that can think
 of no greater folly than to create ex- citement in the State in respect of fix- ing the freight rates of all our rail- roads, while Congress is discussing
 the rates that shall be imposed on them
 by laws that are paramount to State legislation.
 Do we intend to yield to Congress. even without discussion. the paramount and exclusive right to fix these freight rates on railroads that transport goods to or from other States? If we intend
 to yield these rights. it Is in vain that they are the subjects of controversy among the State Railroad Commission
 CTS. If we Intend to adhere to our rights, such instructions should be given to our Congressman"
 Senator Morgan believes the exist ing conditions of quarantine through
 out the Gulf States calls for immediate | action by Alabama as well as all the States acting severally and individually. To prevent disturbing the peace and commerce of the South by complex and irregular quarantine measures, local
 and State. the profound statesman sug gests a compact between the States He believes this would be happy solu- tion and that the compact under latent powers conferred by the Federal Con- stitution could be approved by Congress
 and become as fixed a law as If 1t were
 a constitutional ordinance. .* Text of Senator's Letter. Following is the letter in full of
 Senator Morgan to the Governor:
 Bailey Springs, Florence, Ala, September 19. 1905.
 Hon. William D. Jelks, Governor, Montgomery Ala: . r.: Dear Governor-If you call an extra
 session of the Legislature, suppose that the disposal of the surplus in the treasury for educational purposes, or
 for the advantage of better rates in re-
 funding the State debt. will be promi- nent features of the program you will
 suggest for legislative action. Of
 course. there are other subjects that are quite equal to these in practical
 and pressing importance. I will men
 tion some of them. in which my course
 In Congress must depend. largely. upon
 the attitude of the State, as a sovereign,
 ruling power in government. whose
 policy am bound in duty to respect.
 'The power to regulate the compen-
 sation of common carriers is sov- ereign power that Is an essential part
 of the duty of all governments. and Is
 based upon the single fact that car
 riers, who offer to serve the public,
 generally and commonly are quasi-pub- n fE 4r I,Vtt A. Al...
 are prorer matters of regulation by law
 The railroads are especially subject to such regulation because they derive all their privileges and many of their rights from the laws of the States and from no other source. The power to regulate railroads as common carriers belongs to the States that create them, whether they engage in local or inter- state commerce The nower to tax railroads and to forfeit their charters are of the same nature and are equally independent of the powers of Congress
 Matter of stntc Policy.
 Unless Alabama has. by some con vulsive act. surrendered or abandoned these rights to Congress, I am bound induty to oppose any act of Congress that looks to the assertion ot them Every bill yet proposed in Congress- and all the proceedings of the Inter- state Commerce Commission. assume the existence of the power in Congress to regulate the freight rates of all rail- roads that transport commerce, whose destination is to a State or country foreign to the State In which 1t origi- mated or course. I expect to try to limit this alleged or assumed jurisdic- tion of Congress to the States, if any, that have surrendered the control of their railroads to other States eff such a thing could be done) or to Congress. l enclose statement of my attitude on this subject In a letter to Senator Elkins. written at his request.
 If an extra session of the LeEisla- ture is called, I respectfully submit to the Governor whether he will not assist our members of Congress In reaching conclusion and in taking a position on this question, that Is in accord with the resolution that the State may adopt through its Legislature. It is neither wise nor right to leave our Congress- men to prescribe or forestall the policy of the State in a matter that involves her sovereignty. For one, I want the instruction of the Legislature on this subject, and I will add that can think of no greater folly than to, create ex- cttement In the State in respect or nx- ing the freight rates of all our rail- roads while Congress is discussing the rates that shall be imposed on them legislation Do we intend to yield 10 ConRr%s. even without discussion, tne paramount and exclusive right to hx h Al EnH