The Montgomery advertiser., 1905-05-16
Power of Body Defined
 by Lawyers. DUTY IS POINTED OUT Remarks Were Logical and Free of AcrimOny. Messrs. Jones, Tillman, Smith and Northrop Representing Railroads Spoke and Commissioners Re-
 tired Into Executive
 Session.

The Alabama Railroad Commission was shown yesterday what 1t can and attorneys for the carriers operating in this State.
 After hearing the arguments of coun- sel representing the Louisville and Nashville Railroad, the Southern Rail- way and the Alabama Great Southern Railroad. the Commission retired short ly before 5 o'clock yesterday afternoon into executive session and the people are assured of a decision today on general revision of the tariffs in Ala bama.
 The hearing was the finale of the rates which started April 3. All mem bers of the Commission were present, including President B B. Conner. and and Col. W. c. Tunsta1l. It was a very tame affair when compared to the string of acrimonious colloquies which who construct the tariffs for the car rters were face to face with President Conner.
 said, the only sitting that was dispas- sionate. and lawyers present were Hon, John P. Tillman. of Birmingham. and George W. Jones, of Montgomery, rep Railroad: rssnrE c. Sne B. Northrop. % of Washing Railway, and A. c: smith. of Blr- mingham. counsel for the r, Alaoama 1
  bined and elucidated, without interrup,, tion. the law of the United States and Alabama which defines the power of the Commission.
 Conner Listened to Law.
 Unlike in the hearing devoted to the tariff men, President Conner yesterday sd not %ss any to be Story Hs o s he law in the case as 1t was unfolded by the speakers. His attention and in- terest in this revelation were apparent who argued. of course, and those out. side of the Commission, President Conner gained knowledge cf his powers
 Many a time during the previous part of the inquiry several weeks ago MT. Conner had asked what were the ranks of the roads finally determined to ask for a special hearing at which they proposed to answer the question at length. It was readily extended by morning and afternoon there was an outpouring of statutes, constitutional enactments and supreme court decis- ions. both State and Federal.
 To a fair-minded and impartial lis- tener at the end of the day 1t was con- cluded that:
 quasi-public institutions and are of necessity put under State control, but are entitled to the protection of their property as any citizen.
  realizing this, they are continually studying the needs of the patrons of their lines with view of promoting traffic.
 Third, common carriers have the right under Federal law to receive a fair and just return on their invest ments in all States.
 Fourth, the State Commission. what ever powers are delegated to them by the legislature creating them. cannot enforce charges for transportation so cannot be made on the value of prop erty, appurtenances and equipments.
 Confined to Local Rates.
 Fifth, all Railroad Commissions in fixing rates must have sole regard to intra- state business and no traffic orig mating in one State and going out. or moving through the State entirely can be properly considered in deter mining local rates.
 Sixth. the Commissions in deciding upon a general revision of rates, such as the tribunal of Alabama, cannot make comparisons of tarins in any two States unless the conditions are simi- lar. The conditions were represented by the carriers as materially different in Alabama and Georgia. there being q larger per mile population. volume ta lures niSdiASs ana agrieuit1re % % in the latter State than in the former This was pertinent because the chairman has in sisted on comparisons of Alabama with
 Seventh, 1t is justly the case. ac- cording to the United States Supreme Court decision known as the ''Nebras- ka Decision" that one State may have. on account of difference in condition. a much higher schedule of rates than in an adjoining State.
 Eighth, not a single carrier in the State according to figures on file with the Commission, last year earned a fair and just return on their investments.
 The attorneys who spoke at the hear ing, which was held in the hall of the