The Montgomery advertiser., 1906-04-11
WANTED TO
 DROP CASE But Mir, Sanders 0b-
 jected to Plan, INCIDENT OF YESTERDAY The Birmingham Case Will Take
 the Regular Course.
President of Commission Shows Change of Front In Case of Birming- ham Railway and Light
 Company.

bama Railroad Commission, President B. B. Conner and Associate Commission CT w. T. Sanders had a friendly but lively discussion over the case on the Commissions docket in which an effort Is being made to classify the Birming- ham Street Railway as an Alabama railroad.
 Although MT. Conner was the father of the movement, he desired that the case be dropped yesterday. But MT. Sanders objected. He insisted that this case. in which he had prepared an op- inion. should be tried and decided as any other case on the Commissions docket
 The case was finally postponed upon MT. Corners request. He wil endeavor to get a lawyer to represent his side of the question.
 In the meantime. Associate Commis- sioner w. T. Sanders has an opinion on the case. which he was ready to read at the meeting of the Commission yes terday. President Conner was in fa- vor of dropping the case against the Birmingham Railway and Light Com pany He was not informed as to the nature of the opinion of Commissioner Sanders, but as soon as the associate commissioner announced that he had an opinion, President Conner requested that its reading be postponed until he could request the Governor to furn- ish him with an attorney to represent the States" interest.
 The request of the President was granted by Associate Commissioners Tunstall and Sanders. President Co., mer caused the case of the Birmingham Railway and Light Company to be put on the docket. Ii was at his sugges- tion that the case was opened. The case was to discover whether or not that corporation was to be classed as a railroad, amenable to the laws of the Railroad Commission, or was to be classed simply as a street railway.
 The suggestion that 1t be chased as a railroad was from the Commercial! Club of Birmingham, so that a railroad rate could be secured from all points fin the State direct to a watering place near Birmingham. to which point no railroad system save the Birmingham Railway and Light Company reached.
 At the last monthly meeting, the question was argued by John P. Till man, representing the railway inter- ests and President Robert Jemison Of the company
 It was contended that although the company had a charter to do a rail- road business, still the business of street railway and a street railway alone was being done. although there were some freight cars run to points where no railroad touched, but that was merely for the convenience of it's patrons Five cent fares were charg- ed and the cars stopped at every block within the city. and at frequent inter- vals in the suburbs.
 At that meeting it was suggested that no decision be reached until briefs could be fuEnished from the other side if other side there was. When the co let rin n nrHar at the regular monthly meeting yesterday. President Conner suggested that the case simply be dropped He was of the opinion that 1t should best die a nat ural death. Commissioner Sanders however, said that he did not wish to forego his duty of submitting an opin- ion in this way and said that he had an opinion on the subject The opin- ion was never read. President Conner asked that he be given time to see the Governor and request that counsel be procured to represent the States in terest in the case. His request was granted. There were no incidents at tending the proceeding, the meeting Of the commission being the most quiet in the history of that body since MT Conner became a member.
 Mir. Conner did not see the Governor He left Montgomery yesterday after noon for Birmingham.
 The formal order in the case was postponed at request of President in order that he might try to procure an attorney to represent the State"
 In the case against the Central Of Georgia Railway ihduiring into the condition of the tracks between Syla- caugr and Opelika, 1t was shown that the tracks are being put in first-class condition. The case was dismissed
 The complaint against the same road in reference to the passenger service between Opelika. and Roanoke was also taken up and it was ordered that a train carrying both passengers and freight be run daily between the two points. 1t being provided however that only through freight should be haul ed. Hitherto, only one train day has been operated over this division.
 The complaint against the Louisville and Nashville on account of the un- sanitary condition of the depot at Anniston was dismissed, 1t being shown that the condition Eas being improv- ed
 complaint as to the side track fa- cilities at Fayette was received from T. Fl. Robertson. His complaint will be considered when the inspection of the Southern is made this week.
 The commission then ajourned until May 1h