The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-25

particular center as against some other
not reached by its rails would be grad
aally eliminated as a factor in the en-
largement of the centers horizon of dis
tribution. Compare the effect of this
condition ON the growing communities OF
the south with that upon the wealthy
the populous and the long established
eenters of the northern states, and ask
yourself as patriots and as shippers
whether it is to the interest of yourself
or your friends or of your states or
cities that a commission at Washington
shall have power to decide upon the
number of miles from your place of bus
mess within which you shall be allowed
to distribute your products.
The tremendous cotton mill develop
ment in the south was possible in COM
petition with the established mills OF the
north only by reason of the adjustment
and reduction of railway rates that en-
abled the southern mills TO sell their
products In northern and foreign mark
cts.
A case Is now pending before the in
terstate commerce commission in respect
to relative adjustment of rates on cot
ton mill products in which 1t Is urged
that the existing rates from certain
southern mills shall be raised because
those mills are enabled to compete with
Dl0tT HILLS lHdl GldlHi lilC ilBlll VI A0A
rltorlal monopoly against the southern
manufacturer.
The on industries.
The development Of the iron Industries
of Alabama and Tennessee was made
possible only by the making of low
freight rates from those regions to the
portions OF the country whore iron and
its products are consumed in largest
quantities. These markets had been sup
piled by the highly developed and pros
porous iron industries OF Pennsylvania
and Ohio which lie much nearer to the
regions of largest consumption than do
the iron fields of the south.
Rates upon the raw materials neeessa-
ry for the operations Of the Alabama
furnaces were made unprecedentedly low,
In order that those furnaces might be
built, might continue to run at low cost,
compete in distant markets and build up
a trade against powerful competitors al
ready strongly entrenched in wealth and
resources, and situated nearer the es-
-tablished markets. When these furnaces
We're established there was no nearby
market for their products.
Much stress has been laid in recent
discussions of this absorbing subject of
governmental rate making upon the nee
essity for the prompt adjudication of
questions at issue between the shippers
and the carriers. In support of the ar
gument that a decision as to the reason
ab1eness or unreasonableness of a given
rate should be made effective by the
commission prior to review by court, the
long delays between the bringing of the
complaint and the reaching of final con-
illusions have been cited. An oxar-ina-
tion of the record shows that the TN
necessary delays have occurred chiefly
In, ba of ha mis- ef a,.
itself. To meet this very objection OF
1ong delay, was passed the Elkin law Of
1903, which provides that the commits
sion can summary appeal to court, that
the court shall have power to enjoin any
unreasonable or any unjust or disefim-
inatory rate or practice. that the trial
of the cause shall have precedence In the
circuit court over all other criminal
cases, and that In case of appeal, the
appeal shall be direct from the circuit
court to the supreme court of the United
States. This process is as summary as
1t is possible to devise under any ~''stem
of orderly and equitable judicial pro-
cedure No man, and no corporation.
should be adjudged guilty without such
procedure and the time required there
for cannot under q free government be
pleaded as an excuse for conviction and
punishment without trial. To give a
body which is not a court the power to
both decide judicial questions and to
execute It's own findings. Is to provide by
statute for the enforcement of lynch
law.
1t has been claimed that it is not pro-
posed to grant general rate making
power to the commission, but only the
power to correct an unrea sonable or an
unjustly discriminatory rate after COM
plant and hearing. In almost all of the
arguments presented on the subject,
and in the Esch-Townsend bill which
passed the House Of Representatives at
It's last session, the term "a rate and