The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-25
What Will He Do If He Be-
comes GOVERNOR
GEORGIA LAWS ARE ClTtD
Alabama Constitutional Section On
Powers of Legislature to Reeu-
= late Rates Very Similar to
That of Georgia.
sY HzRvEY w. LAIRD.

Montgomery, May A-lSpeclai,)-lhe
practical certainty that H. B. Conner,
president of the Alabama railroad COM
mission, contemplate at this time making
an effort to secure the democratic nom
ination for governor next year, makes
the discussion of his possible reasons very
general, and opinions as to what he would
be able to do as the chief executive, more
than as president of the commission in
the way of getting down the rates. is
varied.
Some hold out that the law is very
plain that no power to make railroad
rates can be passed. along by the legis-
lature to another body, while others con-
tend tht the statute making power can
delegate this duty in the details to any
organization or association of men who
may have the authority of the legislature
to act In the latter view the Attorney
General of the state think there is much
merit, though he has not given the mat
ter enough thought to express an opin-
ion on the whole ground covered.
Test of the Courts.
The fact that the Alabama constitu-
tional section dealing with the question
batim from the organic law of Georgia
makes 1t interesting in more than the
fact that Mr.. Conner has always been
for something or other possessed by the
people of Georgia. 1t has been put to the
test of the supreme court as to whether
there is any violation of it in the delega-
ton of the rate making privilege to an
other body than the Legislature. by the
| legislature, and 1t has been decided that
such may be done entirely within the
| law.
In an opinion written by Mr.. Justice
Crawford of the supreme court of Geor-
gia, in May, 1856, it is held that there is
no violence to the constitution in the
law of that state giving the railroad COM
| mission power to fix the rates. The con-
tention came up over a suit against the
Georgia Railroad & Banking Co. In which
the railroad eombated the changes in.
rates for several reasons, principally on
| the plea that the Legislature lad no right
| to delegate this authority to any other
| body, and also that the road had a stipu-
! lated contract with the state in It's char
ter and the state had no right to break
thai contract
Rulings Quoted.
Justice Crawford held that all laws
must be executed by officers, and that
IN the very nature of the case some
would have to be given more authority
than others; also that grants to officers
to make regulations with force and eff
| tect OF Law is not uncommon. He,thought
that 1t was not contemplated by the con-
stitution makers that the legislature
should take the matter of rate making
up In all Its details and fix the actual
| tables of charges. The next year after
the meeting of the legislature might be
altogether different from that when the
rates were made and they might be dis
astrous to the lines on which they we're
enforced. He also ruled that there were
! no specific contracts in the charter that
would keep the commission from law
| fully exercising the right of regulation.
He also pointed OUT that while SO hold
| ing 1t was not to be understood that the
railroad commission is unlimited or be-
yond the legal control of the authorities
of the state. This opinion Is found In
| 70 Ca, p. 694. 1t was reviewed by the
supreme court of the United States in
12S Z. s.. p, ia and affirmed, though tho
point of the contract in the charter was
the only one emphasized.
Sections Alike.
There is practically no difference in the
wording of the constitutions of Georgia
and Alabama on this subject, which
makes the decision quoted from Of great
| value as determining how the courts of
| this state would rule The Georgia Sec
ton is given here the brackets enclosing
the Alabama difference from the sister
state reading: THE power and authority
of regulating railroad freight and pas
senger tariffs (the locating and building
of passenger and freight depots. correct
| ing abuses), preventing unjust discrimina-
tons land extortion) and requiring rea-
sonable and just rates of freight and pas
senger tariffs, Oeglslature) whose duty
IT shall be to pass laws from time to
| time regulating freight and passenger
tariffs, to prohibit unjust determinations
on the various railroads canals and
| rivers) of the state and to prohibit said
4 roads from charging (the charging of
other than just and reasonable rates. and
enforce the same by adequate penalties"
1t Is seen that there is the least change
| in the wording of the two and no real
meaning in one that is not contained in
the other. The constitution of the state
of 1875 read: 1.-THE general assembly shall
| pass laws to correct abuses and prevent
unjust determinations and extortion In
the rates of freight and passenger tariffs
on the railroads, canals and rivers Of the
state
Interesting Story.
Somewhat of a good story is told of the
adoption of this section of the constitution
of Alabama by the last convention called
for making the new organic law. What
may be called the Conner idea of freight
rate reduction had spread over this state
| at that time and Joel d. Murphree of
Pike county. a merchant and business
man, was one of It's prime friends He
came to Montgomery to do what his hand
| found to do in the meeting of the con-
vention committees and had much time
TO spend with the committee on corpora
tions. He insisted that he wanted the
Georgia law adopted in the Alabama con-
stitution and presented at each meeting
of the committee long and formidable
looking document that was entirely too
lengthy TO inspire any one with desire
to read II through. Finally 1t was dis
| covered by some of the members Of the
committee that Mr.. Murphree had gotten
the code section on the commission law
and not the constitutional section. II
was also discovered that the latter wa q
Il rot nhiecfin iona bile To the 90, !.