The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-17
RAILROADS ENTITLED TO
JUST RETURN ON MONEY
The Associate Commissioners ccncede
Some Discrepancies and Notifies
Railroads to Submit New Tariffs
Within Forty Days.
BY HERVEY w. LAIRD.

Montgomery, May 16.-(Special. )-The
Alabama railroad commission today re-
fused to order a general revision of the
freight schedules in the state, as has been
attempted, following an effort on the part
of President Conner to have the Georgia
rates, with some of other states, sub
stituted for those at present in force in
Alabama. After going all over the sub
ject the commission decided in an opinion
written by Associate commissioner w. T.
Sanders, that
'1n view of the evidence and the law
governing this commission in the judg
ment of its associate members, is of the
opinion that the earnings shown by the
several 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 in this state at this time would
deprive the carriers of earning that COM
pensation contemplated by the act Great
ing the commission, an. declared by the
courts to be their just reward; and would
operate to retard and check the improve
ment of railroad facilities and service in
this state"
Discrepancies Conceded.
1t is conceded by the associate commits
sioners, however. that there are inaccur-
aeies-aud determinations in rates apply
ing in the state and notifies the railroads
to submit within forty days revised
tariffs for approval.
The opinion is isgned by Associate Com
mssioners W. I. Sanders and w c.
Tunstall. President b. B. Conner did not
agree with the others and will write a
dissenting opinion later.
The opinion goes back to the first case
that was filed, that of J. W. Huger, presi-
dent vs. the Seaboard Air Line, last
March, in which the rate on fertilizers
from Montgomery to Hurtsboro Ala
We're complained Of it being alleged that
the rates for the same distance from
Georgia were much lower. When the COM
mission took the matter up it was de-
oided to go into a discussion of all the
rates on fertilizers which was later en-
larged to a discussion with view of re-
81 fanging the rates on all traffic inside
the state. The decision was on the en-
larged case, involving all the rates.
Defeat for Mr.. Conner.
President Conner was defeated in every
movement he has made in his efforts to
nave d ItuuClluH III tile rates OI nauldRe
in Alabama. He was also defeated in
his desire of having the Georgia rates
and standards put in in Alabama, with
the classihcations of that state.
Before the commission he moved again
today that the commission apply the
Georgia standard tariffs to the railroads
in Alabama, CHASING them according to
earnings.
Also that the commission adopt the
Georgia rates on class6, and those en-
braced in classes A. B, C, d, e, f, G, II,
j, K, L, M. N, o. P. R.
The former is higher than the latter.
Also that the commission adopt the Mo
bile and Ohio rate in Alabama for twen-
ty miles and under and the Mississippi
rate for above that to 135 miles, and to
settle on rates above that distance.
Also that the Alabama commission
adopt the Georgia rate for the different
roads In Alabama, grading them the
same as In Georgia, on car load and less
than car load lots. on lumber and lum-
ber products, brick, lime, cement mar
be fruit trees, strawberries, peaches
melons, fruit Jars, meat, lard. soap, po-
tatoes, rice, molasses cotton, cotton seed
meal, cotton seed hulls, fertilizers cot
ton ties cotton bagging, cotton domes-
tics. cotton rope, ground peas. grain. hay
-four, scrap iron. nails. barb wire, wire
fence, iron pipe, iron bars farm wagons
cattle, harness. coffee, sugar, ice, bran,
Cry goods. boots and shoes.
In neither one of these cases did Pres
ident Conner receive second consequent
ly they were lost.
In the opinion of the associs te commits
sienrs. written by Mr.. Sanders. the whole
ground is gone over. The law limiting the
powers of the commission are cited, num-
erous supreme court rulings quoted and
any number Of parallel cases brought to
light Tables showing the earnings and
cost OF maintenance of the railroads are
presented, along with showings of the
ratio of domestic to interstate business
II is shown just how much. as calculated.
domestic business costs to handle over in
terstate and the value of the roads is
computed.
After doing all this the commission ad-
journed TO the first Tuesday in june
The Full Opinion.
The following is the full text of the
majority opinion:
]. w Huger, President. VS.. reaboard Air
Line Railway.-Specific rate on Fertil
izers from Montgomery to Hurtsboro,
Ala.
Railroad Commission of Alabama VS.. Sea-
board Air Line Railway, ct als.-To show
cause why rates on fertilizers in Ala
bama should not be revised and re-
duced
Railroad Commission of Alabama vs. Sea-
board Air Line Railway. ct als.-To
show cause why all freight tariffs in
Alabama should not be revised and re-
duced.
Opinion Of Associate Commissioner
Sanders.
This cause originated In an applica-
tion for a specific rate on fertilizers over