The Montgomery advertiser., 1905-10-28

Alabama. Having done so much, nav ing acquitted himself so we'll in the ohice of Governor these men believe thcat he Is entitled to the honor. This statement was greeted with applause In beginning his address Dr. cum ningham spoke of the importance or the occasion to him, of the deep signin- canoe 1t meant to begin the campaign n for the highest office within the gift or the people and of the address he was about to make as the most important address of the campaign. He went fully into the discussion or the duties of the Governor. expiaining them in detail to the audience. lie l declared his audience had a right 10 know the personal character Of a can didate. his business relations, and his l private character. It was their duty | to weigh the claims of candidates as | to decide whom they would support. l T am one of those who believe that 1 the Governor should confine himself to l the constitutional and statutory limi- l tations of his office and not attempt to become the executive. the legislative | and the court branches of the govern | ment."
 He spoke of the truth that history | showed that the English speaking peo- | pie would not bear usurpation and tyr amy. Having become a candidate, the 1 speaker declared that his audience had l a right to his views on the question of the day and tha: those views would be developed.
 r. Four Propositions Made. The first great question facing the people was the regulation of freight ratess In beginning the discussion, he would. he said, talk in the abstract and lay down four platitudes. four propositions, about which there could be no dispute. First, the State could -v -f1 ..,tk I. roads; second. the railroad cannot ex- 1st a day without business; third. in order to maintain the commerce, the agriculture the civilization of the prcs- ent day. railroads are necessary; fourth, If railroads should for any cause, providential or otherwise, cease operating great embarrassment would result
 The opinions on the railroad ques- tions, he said, might be classified in this way:
 First-That railroads are private | property and amenable to the law as | only as other private property. Second-That railroads are to be op- | erated and controlled by law exclu- sively for the public benefit.
 Third-That railroads are private property. entitled to just and fair re- turn upon capital invested In them and l in which the people have just, lawful | and equitable interest and are entitled to just, fair and equable rates for | transportation of persons and property. l The regulation of freight rates could | be by Congressman placed in com- mission created by 1t. but this commis- | sion would have the power to regulate | the rates without the State and the | Legislature could create a commission | with the power of regulating rates within the State, but the power of one commission could not trespass upon the power of the other. These two com limitations, the Supreme Court, and they could not change or alter the law as decreed by the Supreme Court.
 Tn Alabama" said pr. Cunningham, three things have been established, and for the establishment of these | than B. B. Conner. First, the Alabama rates are higher than the Georgia rates second, conditions for freight making are more favorable in Alabama than in Georgia; third, If the Commission re- duces the rates in Alabama the courts will sustain the reduction"
 Difference of Opinion.
 In the recent difference between the Associate Commissioners and the President of the Commission it was agreed that rates were higher in Ala bama than in Georgia, although there was a difference as to the amount oi excess. The Associate Commissioners held that the Alabama rates were only 4,39 per cent higher than the Georgia rate while the President ol the Commission held that the rates were 20 to 120 per cent higher 1T Alabama than in Georgia.
 He further quoted MT. Conner ir saying that the tonnage of the Bir. mingham district alone was greater | ha nf Ctata. nj gia. The quotations and citations were to show that Alabama suffered in comparison with her sister State oi Georgia.
 Concluding the argument of thi: point pr. Cunningham said: Those oi us who believe that railroads are en' titled to a just and equitable return or their property and that the people art entitled to a fair and equitable freigh lrate are convinced that rates are too high in Alabama. As a doctor, sucf is my diagnosis of the case. And have a remedy for the evil. This rem edy embraces:
 First, classifying all railroads 1T the State and fixing a maximum rat' for each class. Second, the passage of a law which shall confer plenar! powers on the commission authorizing them to conduct searching and effec uate investigations, and authorizing | them to SuHlInOuS pSEbOhS anu pdpcI before them. When a rate Is decided 1t shall go into eeffct at once.
 In Cnse of Appeal.
 Tn case of appeal the railroad making the appeal must deposi with the commission money o
 securities to insure the shippers against loss while the case Is pending g
 Dr. Cunningham called the attention of his hearers to the present elective Railroad Commission law and read 1
 to them for their consideration. Th'
 people, he said, were inclined to forge
 that already the State had law whicl
 with some amendments would be al
 excellent law. The law which provid | ed for the election of of the Commis
 sion gave them the power to fix rate
 and enforce those rates. He read tn
 different provisions of that law l.
 show the powers it conferred upon tn
 Commission.
 All the law needs Is two railroa'
 commissioners elected by the people t
 sit with the President Of the Commis
 sion," said Dr. Cunningham. ''Tw, additional Commissioners will be elect
 ed by the people and rate reform cal
 be carried into effect unless one of tn Commissioners shall be elected Cover
 nor in which event there will be one o
 the Commissioners appointed to fill tn
 vacancy"
 In elaborating the railroad question
 the speaker reviewed the history of tn
 bill making the Commission electiv
 and showed how 1t had been in hi
 power as President of the Senate [, kill 1t by referring 1t to an unfriendl! committee and showed how his actiol