The Montgomery advertiser., 1905-05-17
No Revision of Freight Tariffs at This
 Time. DECISION REVIEWS
 LAW AND EVIDENCE President Will Submit Dis Senting Opinion. Messrs. Sanders and TunstalI in Ex- haustive Statement Declare That Earnings VIII Not Permit
 Reductions In Ala

Tn view of the evidence and of the law governing this Commission. It's associate members are of opinion that the earnings shown by the sey- eral railroad companies operating in Alabama are not in excess of a fair and just return upon the legitimate value of the property employed in the creation of these earnings, and that to reduce local rates Tn this State at this time would deprive the car riers of earning that compensation contemplated by the act creating the Commission and declared by the courts to be their just reward, and would operate to retard and check the im- provement of railroad facilities and services in this State. From an exam ination of the various tariffs we are convinced, however, that there are some inequalities, inaccuracies and dis criminations existing in the rates ap- plying in this State. and to the end that these may be corrected and ad- justed. it is hereby ordered and di- reeted that the several railroad com panies operating in Alabama shall init to this Commission revised tar ifs for approval"
 The Alabama Railroad Commission yesterday afternoon emerged from the executive session beginning Monday and announced in a decision of which the foregoing is the concluding para graph that for the present there will be no revision of the tariffs of rail- roads operating in Alabama.
 President B. B. Conner, of the Com mission, strongly dissented from this decision and in lieu thereof offered a series of motions which would have fpg rfs6 lines in the Stato.
 These motiSns were not sustained by the associates of President Conner and remain only as a matter of record. The motion which did prevail, how ever was that within the next forty days the carriers shall all submit re- vised tariffs for the approval of the Commission in order that some ir- regularities. inequalities and discrim- nations" now existing in Alabama can be eliminated. This was the idea of the Associate Commissioners, Hon. w. T. Sanders and Col. W. c. Tun- stall, and was embodied in a lenghty opinion setting out besides the reasons why no changes in che present rates in the State should be undertaken. The opinion recites numerous points of law governing the Commission and gives tables of figures showing among other things the net earnings of the roads.
 MT. Conner Will Dissent.
 dissenting opinion, according to President Corners announcement yes- terday, will be given out in few days.
 1t might be said just here that those who thought the submissive attitude of the chairman at the legal hearing Monday argued some concession on his mart were very much in the wrong |. He was every jot the same in execu- tive session that he has been before the public gaze. His formalities and demeanor have moderated somewhat during this weeks proceedings but he is as persistent as ever in regard to the main contentious.
 In his motions yesterday, President Conner asked that the Georgia classih- cation and the standard rates together with the plan of classifying the roads on the basis of their earnings be adopt cd in Alabama He afterwards moved for the Georgia rates in car load and less than car load lots on. the following "articles of common use and articles nroduced in Alabama" Lumber and the product of lumber brick, lime. cement marble. fruit trees, shrubbery. peaches fruit jars, melons, meat, lard, soap potatoes, rice, molasses cotton, cotton seed. cotton seed meal and hulls, ferti- Iizer, cotton ties and bagging, domes- ties cotton rope, groundpeas, grain hay, flour, scrap iron, nails, barbed wire. wire fence and fencing, iron pipe farm wagons. horses and mules, cattle sheen and hogs. coffee, sugar ice, bran dry goods. boots and shoes.
 Rates On Fertilizer.
 These motions failing of seconds, the chairman made a third which was for tbe adoption of the rate on fertilizer as is now applied on the Mobile ard Ohio Railroad in Alabama for twenty miles and under and from twenty miles to 135 miles that we adopt the rate on fertilizer which Is applied tc all the railroads in Mississippi The chairman explained that the fore going list of articles are from 20 tG 100 per cent higher in Alabama than in Georgia, and that the fertilizer rates for the distances named are about 5l per cent higher in Alabama than in Georgia and 100 per cent over those oi Mississippi The rates asked for in the long list would have applied to q forty mile distance.
 q Reasoning from the large mass oi rate figures and arguments submitted during the entire investigation, Com rnissioners Sanders and Tunstall an nounced that above all things they would proceed under the law in render Jper a decision. The opinion drawn by Commissioner Sanders and concurred ir nv Commissioner Tunstall almost alto o,ether hinged about the testimony that tbe railroads operating in Alabama art not making flair and just returnu' m the value of their properties appur- tenances and equipments.
 This testimony, it was said, is incon- trovertible and though questioned by President Conner, was never proven tC tbe contrary. Tables Were compiled sbowine that instead of earning the le- gal rate of interest on their investment. in Alabama, the carriers for the fsca year ending June 30. 1904. averaged a net profit of Title more than S.6 pei cent. Deficits in the cases of four oi the railroads were shown and II was pointed out also that the highest earn ing of any railroad was per cent.
 Roads Not Earning Money.
 Moreover, the opinion held, if the re-