The Montgomery advertiser., 1905-09-23

State of Alabama, and. if Governor, wesls s9 sbs to the Alabama confers this power directly | upon the Legislature. I am of the opinion that the following Legislation would result in the regulation by law | of railroad rates and in the mainten- ance of justice and equity between the carriers and the people.
 "First-The enactment of a law class flying the railroads of this State and fixing maximum rates on these roaus to be charged for certain distances for
 transportation of classified kinds of
 "Second-The enactment of law conferring upon the Railroad Commis- sion plenary power to further regulate. | adjust and fix rates; to send for persons and papers and to have access to the records of the railroads in order that | they may learn the facts as to the value. and ali other information necessary to the just and equitable fixing of rates; that the rates when fixed by the Com mysSR saeR sha e ss so ths hs0 h's fix; a liberal appropriation subject to the order of the Commission for the em- p1oyment Of expert eyideae m defsnS Gief1ea thsir findings in the courts; in the case Of appeal, or injunction proceedings in- stituted by the railroads, the raj Erailr9ads lawful money of the United States or such security as the Coihmission may approve equal to the difference esti- mated by the Commission in the rates fixed by the Commission and that charg- ed by the railroads; If the contention of the railroads Is sustained by the turned, but if the rates fixed by the Commission are sustained. the money deposited with the State to be distrib- unfair rates pending the decision of the courts; and adequate penalties for the violation of the law; and adequate tion to these laws acts regulating the car-service and providing for the prompt adjustment of claims"
 am in favor of such legislation. and all legislation as may be necessary that the sovereign State of Alabama may ex- ercfse authority in fixing just and equtt- able railroad rates and in maintaining l and enforcing it's mandates. l am now, 1 and have always been, opposed to a l Railroad Commission with advisory powers only. An old definition of law | is power to command that which Is right and prohibit that which is wrong" l A law which is merely advisory is an
 absurdity and a farce. - l., | railroad rates in this State there Is un- fortunately a difference of opinion
 among those constituting the tribunal provided by law for the investigation
 and regulation of rates. Yet there is ] agreement among them as to some of the facts. The associate commission ! CTS in their opinion rendered say: 'It | was further shown by the evidence that the average of all rates in classes A to l F and 1 to for distances from five to
 ten niles applicable %fb SXsr the a 1es a1eraf e l of all rates applicable over all lines in
 the State of Alabama Is greater in Ala 1 bsma by 4 .3S per cent. ! bis opinion says: "A comparison of the ! freight rates of Alabama on the fol- 1 lowing articles of common product, and the products of lumber, brick, lime, cement marble, fruit trees, shrubbery,
 -Nes, fruit jars, melons. meat lard,
 seed, cotton seed meal and hulls,
 iZer, cotton ties and bagging, do-
 ics, cotton rope. ground peas, grain
 sfeace andfencinE. iron pipe, farm
 yons, horses, mules, cattle, sheep and
 $. coffee, sugar. ice. bran. dry goods
 tight tax paid by the Georgia man.
 acturer, producer and consumer on
 le same railroads and same class roads
 Georgia and Alabama, and It wa:
 hown that Alabama freight tax was 2(
 Q i20 per cent. higher than the Georgia
 considered in fixing rates In the tive States, Alabama and Georgia, the As.
 sociate Commissioners. after quoting
 the case bs as 1t SPon
 this hearing disclosed that the very
 points of dissimilarity mentioned by the
 courts as existing between Iowa and
 Nebraska,. visible greater earnings pel
 mile and increased population per mile
 in Iowa, exists between the States ot Georgia and Alabama, the former show ing greater earnings than upon Ala | bama lines. and on the whole more pop
 ulation per mile of road.
 On this point the President of th' tural States and alongside of eacf
 other, and have nearly the same pop ulation-Alabama has thirty-seven in
 Eia has thirty-nine; Alabama produced : last year $50 bales of cotton to thu
 railroad mile, Georgia 3S5; Alabama hfa' eorPia esS PIP!sts"A ss5. Alabama has more nor tonn i
 age from the Birmingham district alon' than the whole State of Georgia, anC
 will call attention to the te,tv Neprask; 1rask; Iowa, which has a much less freigh rate than Alabama, has 230 population ] to the railroad mile while Alabama ha ! As to what may be expected in tn
 final adjustment of this problem in tn State of Alabama I quote the Presiden of the Commission. who says: Tt wa . in evidence that the same citation O
 the law and court decision and the sam statements of earnings and povert! l conditions, was used by the railroad before the Railroad Commission of Vir ginia, Carolina and Georgia, and ye these commissions established classi1 cation of freight and enforced a reign ign | rate much lower than ours-a rate low CT than the railroads claimed they coul' | stand, yet the history of those State 1, which was in evidence, showed tha
 both the railroads and States were pros From the evidence at my disposal i is clear to me that three facts are es First@That rates in Alabama ar | higher than in many other Southerl second-That all the conditions whicl . enter the problem of rate making. ar
 more favorable to a reduction of freigh
 rates in Alabama than are the condf . tions in the State of Georgia.
 Third-That if the Legislature, or tn
 Railroad Commission of Alabama re low, or even lower than they are | the State of Georgia. the courts will sustain the reduction.
 3 Therefore, would. if Governor. ap prove a bill establishing the Georgi classification of railroads and Georgi
 erty. .....-. .....
 My record on this subject began | ] 1881 when voted for the Langdon Bil : Commission all the powers necessary [ r regulate and fix freight rates in thi 3 State. I opposed the substitute adopt f ed by the Senate which practically de stroyed the power of the act and mad ] the Commission advisory oppose . tee which in effect sustained the Sen [ ates substitute (see House Journa pages 549, 6S5 and 6S6 and 731 and 740. When in the Senate Session 1S9697, = voted for the Boykin bill. s. 237, whic | was bill providing for the fixing an : Commission. (See Senate Journal, pag