The Montgomery advertiser., 1905-03-21
Is Advisable If COmnliS-
 sion Will Not Act.
DR CUNNINGHAM's LETTER
Lieutenant Governor to Presi~
 dent Conner.
Construed as Practical Endsr.snsn4 of the Latter's Position in Hls Fight for Lower Rates
 in Alabama.

oHHiuBHaLus Marcn zV--tSpeclal.J-@ President B. B. Conner, of the Alabama Railroad Commission, today made pub- lie letter received from Lieutenant Governor R. M. Cunningham on the subject of equitable freight and passenger rates in this State. which gives to that question a new and important phase.
 pr. Cunningham quotes Section 241 of the new Constitution relating to this matter and then says that if fn~ equitable rates exist and if the Com~ mission does not after full and fair hearing correct them 1t will, in hia Judgment, be the duty of the Governor to call an extra session of the Legis- lature to legisldte on the question.
 The position of Dr. Cunningham b construed as practical endorsement of the position of President Conner in his fight for lower rates. the acting Governor laying down the proposition that if the iniquities complained of ex- ist and the Commission does not rem- edy them, aid should be extended from the executive department of the gov- ernment.
 Saturday was pr. Cunnirgham's last day as acting Governor. On that day Governor Jeiks was in Montgomery in conference with him and it is presumed that Governor Jelks knew of the letter written by Dr. Cunningham to tho members of the Railroad Commission The letter in full is as follows:
 Chief Executive Department of Ata-
 Montgomery. Ala. March 1s. 'Messrs. B. B. Conner, President, and
 W. c. Tunstali and W. T. Sam
 ders. Associate Commissioners,
 Alabama Railroad Commission.
 Montgomery. Alabama:
 "Gentlemen--There is not at this time. nor has there been for many question to the people of Alabama than the establishing of fair. just and equitable freight tariff to be chnrGed by the seomynon carriera In this State
 Since the adjournment of your last meeting have been seriously debating in my mind the duty of the Governor and the propriety Of his making any suggestions to the Honorable Railroad Commission relative to this matter. have concluded. afters much thought, that 1t is his duty to do so. At the outset desire to disclaim any infen- tions upon the part of the Governor to dictate to or in any way control the Railroad Commission in the discharge of their duties. The law. so far as knowfi does not give him the right to interfere in this matter, except as pro-
  that the laws be faithfully executed The power and authority of regulating railroad freight and passenger tarifrs Is given to the Legislature by the Con- stitution of Alabama. Section 243 pro- vides that:
 Section PAS Quoted.
 " The power and authority of regtl- lating railroad freight and passenger tariffs. the locating and building of l--1,k ing abuses. preventing unjust discrim- ination and extortion and requiring reasonable and just rates of freight and passenger tariffs. are hereby conferred upon the Legislature, whose duty it shall be to pass laws from time to timA regulating freight and passenger tar ihs. to prohibit unjust discrimination on the various railroads, canals and rivers of the State, and to prohibit the charging of other than just and rea- sonable rates and enforce the same hv adequate penalties.'
 There can be no question that un- der this section of the Constitution the Legislature has the direct power to regulate railroad freight and passen- ger tariffs in this State. Instead. how- ever, of directly exercising this power the Legislature has provided a railroad commission and has conferred upon
 
 vision over all railroads in the State, and the power to revise and regulate tariffs.
 The statistics submitted at your last meeting, if true, demonstrate that freight rates in this State are far in excess of the rates in the adjoining States of Georgia and Mississippi. After thinking the matter over care- fully, with the facts at his disposal nd hxr nf Iraw aN method, the Governor is of the opinion that there Is no just and equitable reason for this disparity in the freight rates existing between Alabama, Geor- gia and Mississippi. If these rates are just and fair and equitable in those States then they are unjust, unfair and negotiable in the State of Ala bama. If they are too low in those States then it is unfair and unjust and negotiable to tax people of Alabama with the difference. It seems to the Governor that this conclusion is un- avoidable. The people of Alabama are entitled to action upon the part of the Railroad Commission upon these matters. They have the right to ex- pect action, and in my judgment it Is the duty of the Governor to see that they get relief if they are entitled to 1t. After a conscientious and careful hearing. if for any reason the Railroad Commission fails to act upon these grave and important matters. it is the opinion of the Governor that it will be the duty of that official to call tho Legislature in extraordinary session that that body may, under Section PAS of the constitution, directly legislate in the regulation of railroad freight and passenger tariffs.
 The responsibility, gentlemen. under the laws of Alabama, Is yours; the re- sponsibility under the constitution of the State Is that of the Governor.
 Very truly yours,
 (Signed) "R. M. Cunningham