The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1905-11-08
Birmingham Company
| Must File Tariffs.
MADE OTHER ORDERS
Passenger Fares on Branch
Lines OIL. IN. Reduced.
Roads Allowed to Mix whites and
Blacks as "Emersency Traffic.
On Freight Trnins--severaI
Lawyers Present.

On Freight Trnins--severaI
Lawyers Present.
The Alabama Railroad Commission
at It's regular monthly meeting yester-
day set IA precedent by citing the Bir-
mingham Railway, Light and Power
Company. an inter-urban passenger
and traction corporation, to appear be-
fore that tribunal and show cause why
it should not submit tariffs for APP
prevail.
The Commission also ordered the
Louisville and Nashville Railroad Com
pany to reduce the passenger fares of
all its branch lines in the State to
three cents mile, effective January
], 1905. set hearing for a general in
vestigation of the rates on cotton from
at the December meeting and waded
through sea of miscellaneous mat
tiers.
All members of the Commission were
present yesterday at the meeting which
was held in the office at the Capitol.
These are President b. b. Conner and
his Associates, Hon. w. 7. Sanders of
Athens. and Col. w. C. Tunstall of
Greensboro
On account of the fatiguing trip of
the president of the Commission the
night previous from Sheffield, after
making "A couple of campaign speeches,
he was not at his best physically. He
said that he snatched only two or
three hours rest during the preceding
night but there was such a heavy
docket before the Commission that he
could not get Off until about o'clock
in the afternoon.
Citation of street Railway.
The decision OF the Commission to
summon officers of the Birmingham,
Railway, Light and Power Company, of
Birmingham, to come to Montgomery
at the next session of the body Is In
| the nature of a discovery. Commits
stoner Sanders was the author of the
motion which resulted In this action.
At the same time he is not exactly
the discoverer. President Conner was
| the first to throw light on this i'm
portant question which was considered
at the September meeting. At that
session the Birmingham Commercial
Club had applied to the Commission
for securing summer resort rates to
East Lake which is situated about
seven miles from the mineral city.
1t is connected by a double line of
| tracks with Birmingham by the Bir-
Company.
The President of the Commission
was of the opinion then that 1t was
not unreasonable to call for reduced
rates from the railroad to East Lake.
Commissioner Sanders expressed a
doubt that the body has jurisdiction
over a street railway line and that
would enter into the makeup of a
rate on any road to East Lake. The
President replied that he believed the
Commission ought to compel the
street car company to submit its tar
ifs Just as any other corporation haul
| ing freight in the State.
In making his motion yesterday at
| the opening of the meeting, Commits
sioner Sanders said that he had made
some investigation of the matter and
found that the charter of the compa-
| NY authorized 1t ito engage in the car
riage of persons and property as a
common carrier. and to charge rates
| of freight and tolls for the same over
the line of its railroads" and con-
ferred upon the company "all rights,
powers, privileges and immunities con-
| ferred by the general laws of this
State upon railroad companies"
Mr. Sanders also said that he was in
formed that this company was doing a
street railway business. and that he
| thought in view of the charter pro-
visions of the company, and the fact
! if it was a fact-that freight busi-
ness Is being done under its charter,
1t was the duty of the Commission to
| investigate the matter. In order,
therefore, that the whole subject might
| be fully investigated, Commissioner
| Sanders moved that the Birmingham
Railway, Light and Power Company
be cited "to appear at the next session
of the Commission to show cause why
| II should not submit to this Commission
for it's approval its tariffs of freight
| and passenger fares
This motion received a second from
Commissioner Tunstall, and upon being
put to the Commission was finally
adopted.
| Neither the freight tariff of this cor
poration in Birmingham nor of any
other street railway company has ever
been submitted to the Commission. 1t
| will be an entirely new proceeding if
the Commission should set down a rule
requiring all of them that do freight
hauling business to come under the
regulation of the Railroad Commits
sion.
Passenger Fares on Branches.
The general order for the reduction
| of all passenger fares of the Louisville
and Nashville Railroad in this State
to cents a mile was also made on
motion of Commissioner Sanders, which
TeCelNeu INC SSCouu VI commissioned
| Tunstall.
Commissioner Sanders explained his
attitude by saying he had studied the
proposition thoroughly. Since the last
| meeting of the Commission he had run
carefully through the evidence of the
company submitted at the session on
September 20. He had already made an
individual inquiry into a like propo-
sition OF fare reductions on an appli-
cation filed with the Commission about
two years ago. Then he did not see
how the volume of business and the
prevailing conditions of the branch
lines could justify any reductions. On
the recent study of the matter. he had
found that there have been improve
ments in one or two of the branch lines
of the company, and he believed II just
to enforce a reduction to cents
1t was also explained that the Lou
isvilIe and Nashville road Is one OF the
very largest systems that operate IN
Alabama, and that other lines whlcn
hav ebranches in the State do not
charge over cents a mile.
The longer branches of the LouisViile