The Birmingham age-herald., 1905-09-27
SENATOR MORGAN ID TIE GOVERNOR Hopes Extraordinary Session
 Will be Called MAKES SOME SUGGESTIONS Thinks State Should Define It's Atti- tude on Regulation of Railroad
 Rates and Maintenance
 of Quarantine.
MAKES SOME SUGGESTIONS

Montgomery, September 26.-(Special)-
 Governor Jelks is in receipt of a letter from Senator John T. Morgan, giving at length his views on the proposed cal O. special session of the legislature. The
 venerable senator expresses himself in favor of federal and state railroad rate
 regulation.
 The full text of the letter follows.
 Bailey Springs, Florence, Ala, September 19, 19g5.
 Hon. William D. Jellks. Governor, Mont gomery, Ala.
 Dear Governor-If you call an extra ses- sion of the legislature, l suppose that
 the disposal of the surplus in the treas
 ury for educational purposes, or for ths advantage of better rates in refundlng the state debt, will be prominent figures
 of the programme you will suggest for legislative action. Of course, .he-e are
 other subjects that are quite elual to
 these in practical and pressing import ance. 1 will mention some of them, in
 which my course in Congress must de- pend, largely upon the attitude of the state, as a sovereign, ruling power in government, whose policy l am bound ill duty to respect.
 The power to regulate the compensa- | tion of common carriers is a sovereign power that Is an essential part of the duty of all governments, and is based upon the single fact that carriers, who offer to serve the public, generally and ! "commonly" are quasi-publio servants. Their duties to the public are proper mat 1 ters of regulation by law.
 The railrpads are especially subject to
 such regulation because they derive all
 their privileges and many of their rights
 from the laws of the states and from no | other source. The power to regulate rail-
 roads as common carriers belongs to the
 states that create them, whether they en- I gage in local or interstate commerce. The power to tax railroads and to for- | felt their charters are of the same na-
 ture and are equally independent of the l powers of Congress.
 State Should Guard Rights. | Unless Alabama has, by some conyulsive ] act, surrendered or abandoned these rlt | to Congress, l am bound in duty to op- | pose any act of Congress that looks to | the assertion of them. Every bill yet pro- l posed in Congress, and all the proceedings | of the interstate commerce commission, | assume the existence of the power in Con l gress to regulate the freight rates of
 all railroads that transport commerce, | whose destination Is to state or country 1 foreign to the state in which 1t origin l ated. Of course, l expect to try to limit | this alleged or assumed Jurisdiction of | Congress to the states, if any, that have | surrendered the control of their rail- l roads to other states eff such a thing | could be done) or to Congress. 1 enclose | a statement of my attitude on this sub l ject in letter to Senator Elkins, writ | ten at his request
 1 If an extra session of the legislature is
 called I respectfully submit to the gov | ernor whether he will not assist our | members of congress In reaching con | clusion and in taking a position on this | question that is in accord with the reso- lution that the state may adopt through l it's legislature. It Is neither wise nor | right to leave our congressman to pre- scribe or forestall the policy of the state l in matter that involves her sovereignty ! For one, I want the instruction of the legislature on this subject. and I will add | that I can think of no greater folly than | to create excitement in the state in re- | spect to fixing the freight rates of all 1 our railroads, while congress Is discussing | the rates that shall be imposed on them l by laws that are paramount to state l legislation. Do we intend to yield to con- | gress, even without discussion. the para mount and exclusive right 10 fix these l freight rates railroads that transport | goods to or from other states? If we in- | tend to yield these rights it Is in vain | that they are the subjects of controversy l among the state railroad commissioners. | If we intend to adhere to our rights such l instructions should be given to our con- l gressmen.
 Power of Quarantine.
 | The question of the power of quaran- | tine is forced upon the consideration of | the government of Alabama and must | be speedily settled Quarantine within | state Is claimed to be a reserved police | power. and this is the obvious purport of the acts of congress in the beginning of | the government. These acts have been somewhat modified more recently. Quarantine between the states and be- tween this and foreign countries Is a right | claimed for congress by virtue of the right | to regulate commerce and to provide for | the general welfare. Quarantine. as | practical question. Is urgently demanding | the exercise of all the powers of the | United States, and also of the states, for
 the care and repression of yellow fever. l It is impossible to exercise these powers In full force and with an adequate supply l of money if the United States and the | states, respectively, have equal and un- questionable authority over quarantine in | the same places and at the same time. One or the other must be supreme.
 The supremacy of laws of quarantine over personal rights is greater and more imperative than the laws of war or than any other form of absolute control, and the corresponding jealousy of the people towards this exercise of power is equally severe and resentful
 In such circumstances it is impossible | to conceive of greater danger to civil government than a serious conflict as to the rightful Jurisdiction In the declara- ton and enforcement of quarantine The recent action of the United States gov | ernment in Louisiana has made a plea ! for supremacy that Is in conflict with
 many views of state sovereignty and well-