The Birmingham age-herald., 1905-03-23
GOV.J JELKS HAS NOT
 YET INVESTIGATED
Dr. Cunningham's Letter Gre
 ates Much Comment
THINKS CHANGES NEEDFUL
Governor Jelks Wonders Whether the Legislature Would Do In 1905 What It Refused to
 Do in 1903.

Montgomery. March 22.-(special)-A special to the Advertiser from Eufaula says:
 Seated on the veranda of his residence on Cottage Hill. Governor Jelks gave representative of the Advertiser an in- terview on the letter of Lieutenant-Gov- ernor Cunningham to the railroad com missioners:
 'Yes.' he said, T see it intimated that I was consulted about the letter which Governor Cunningham wrote to the mem bers of the railroad commission. It Is true that did know of the letter before I saw It in print. I had no knowledge however. of the Governors intention or of the matter of the letter until 1t was dispatched.
 T am not familiar with the statistics presented at the last meeting of the com mission. know nothing of the statistics and have heard nothing of them except what see in the Cunningham letter, nor am at all acquainted except in the most casual way with the proceedings of the commission at it's last session l cannot say either that I am at all familiar with comparative local freight rates in the several states l am not prepared to dis cuss them.
 "The legislature, under the new consti- tuition, has the undoubted right to regu- late freight rates and to provide against discrimination in rates. which power 1t has sought to vest in the present commis- sion.
 Changes Should Be Made.
 "It seems that Governor Cunningham has not investigated the comparative | figures submitted and did not presume l to say that the commission should af- ford the relief asked for by President | Conner, but he clearly intimates that in his opinion, without looking deeply into the matter, great changes should be made in the present tariff looking to the rights l of the people under the authority of the l commission. He insists, however, that the l commission ought to act promptly, either | allowing the contention of President Conner. or fiatly refusing to change the present tariff. It will be seen that Gov ernor Cunningham only insisted on action, | and opposed postponement of considera- ton. No fault can certainly be found with his insistence The commission | should certainly meet all the questions 1 growing out of the schedule equally and without unnecessary delay.
 Whether Governor Cunningham, hav- l ing found after the study which he pro- posed the tariff too high, would have | called the legislature in session is a ques- tion. Of course he would have had to consider that the legislature might not be more willing to go Into rate making now | than it was in 1903. If the legislature was unwilling to make rates In 1903 would l 1t likely be disposed to make them in 1905? Governor Cunningham seems to be possessed with the idea that that body would do this year what it was not will Ing to do in 1903, and may be it would. ,
 Letter Caused Stir. The letter of Lieutenant Governor Gun ningham, sent out Saturday while he was in the chair of the governor. to all | the members of the Alabama railroad commission, threatening to call an extra session of the legislature unless fair and l equitable railroad rates are secured to Alabama by their action has created a stir in state politics. There is no doubt of this
 Prominent state officials yesterday de- | clared that it had created such a stir that l Its echoes would be heard in the spring of 1906, when the campaign for governor will be on.
 | The letter was probably the last Of 1 ficial act of the acting governor, as he 1ellhquished the chair to Governor Jelks | last Saturday as that is the date of the letter. For this reason 1t is regarded as | spectacular. It Is regarded by many as virtual endorsement of President Corners | position.
 Caused By Fertilizer Rates. | This Is especially eviden. by reason of the fact that the executive communioa- ton followed within few days of the last meeting of the railroad commission, at which President Conner was sat up- | on" by his associates, Col. Wiley c. Tunstall and Hon. w. T. Sanders. The as- sociate commissioners opposed the efforts of the head of the commission to have a special meeting the latter part of this month to consider a reduction of the rail- road rates on fertilizers in this state | The associate commissioners gave as | their reason for a further postponement | of the fertilizer rate problem that com petent witnesses on the side of the rail- roads could not be brought to Mont gomery at the time desired by MT. Conner
 Lively times are, therefore, expected at the regular monthly meeting of the com mission in the capitol April 3. At that time many witnesses for the railroads should be present and perhaps the whole adjustment if made. will hinge on the single case of the Alabama Chemical company against the Seaboard Air Line. In this case, it Is contended by the plain tiff company. which deals in fertilizers, that although the distance between Mont gomery and Hurtsboro is not greater than between Hurtsboro and Columbus. Ga, the rates are much higher in the former than in the latter case.
 Inducements for Extra Session.
 There are other strong Inducements to call the legislature in extra session. Lieu tenant-G Governor Cunningham some time ago, made public his views on calling an extra session with a possibly impaired general revenue law as the cause.
 Attacks are being made now against the revenue law of the state both by the supreme court of Alabamc. and the United States circuit court for the district of Maryland by the Manhattan Trust com pany and the Continental Trust company With so important thing to the state as the revenue law in peril it does not
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