The Birmingham age-herald., 1906-10-09
BIRMINGHAM CASE BEFORE COMMISSION
Excessive Switching Charges
 Alleged by Lumber Co.
MARBURY DEPOT AN ISSUE
Much Time Is Spent In Discussion of Advisabilty of Ordering L. 6 N. to Place One So Near
 Mountain Creek.

Montgomery October s.-(Special.)- state railroad commission took up most of the regular session today on the ques- ton of whether or not depot should be ordered at Marbury, on the Louisville and Nashville, All the members seemed to be agreed that the business there justi- fled the erection of the depot, but as there is one now at Mountain Creek, a mile away, it became a question of the right of ordering another in such close prox- imity
 fight was made on the Birmingham Southern complaint being brought down by Wood, Dickerson Lumber company of Birmingham, on alleged excessive switch ing charges After hearing a statement from the complainants the case was con- tinued to next meeting. MT. Wood of the lumber company and several others were here to file the charges.
 J. P Weller undertook to have the Louisville and Nashville make some switching arrangements at Birmingham, but the commission ruled that he was dealing simply In drayage matters. De- pots were ordered at number of places Mir. Conner agreed with the two associ- ates on a Accent fare on the Atlanta and St. Andrews Bay, but would not agree with them on a 5-cent fare for the Sum ter and Choctaw.
 The report of the commission for the year ending June 30, 1905 was presented to the governor. It covered all the gen. eral work of the year.
 The Commission Session.
 The commission met at 10 o'clock, with President B. B. Conner and Associates Tunstall and Sanders in attendance. The matter of the switching charges of the Birmingham Southern railway was heard early in the session, and 1t went over to November.
 Jay Smith had brought the application for a depot at Marbury MT. Sanders held that as there was depot at Mountain Creek, a mile away, 1t was a question whether there was any justice in ordering another so close He agreed that if there were not depot at Mountain Creek, the business and the people at Marbury would justify ordering one. As it was he did not think 1t just right to order another so close by.
 MT. Conner thought the question of prox- unity the only one involved and asked that the matter lie over a month that he might be able to vote on the question after investigation. The others agreed with him and the question went over. Requests for depots at Longview, on the Louisville and Nashville; Jonesboro, | on the Alabama Great Southern; Saginaw, on the Louisville and Nashville, were con 1 tinued More room hayNlg been provided at Pelham. the complaint on the Louis vile and Nashville at that place will pass | away.
 RiderviIle Denied. l The application of certain merchants l and milling men, and some citizens for depot at Riderville, was denied, it being shown that the Jackson Lumber company, which now has depot and does nine tenths of the business would be forced to go far away from it's plant and that there are now accommodations for the tenth on the outside. All members of the commission agreed.
 A depot was ordered built at Piper, the Southern: umbrella shed at Dogwood. on tE~ <juthern; platform and depot at Mulberry Tank. on the So/shern; Nepot at Carpenters, on the Nashville, Chatta- nooga and St. Louis. and at Cottonton, on the Seaboard Air Line
 Pending a depot going up at Florence, the Southern railway Is ordered to pro- vide for taking care of the people who patronize the line in some temporary way
 The Alabama Great Southern was al- lowed to fence its tracks where not now fenced
 of Mobile had a complaint that their agents were not allowed to ride on the trains of the Mobile, Jackson and Kansas City. The hearing went over.
 The 4 cent passenger tariffs of the At lanta and St. Andrews Bay, were ap proved by the whole commission, and the cent fares on the Sumter and Choc- " " VI President mer being opposed to 1t.
 The commission will meet next time op November !.
 The Annual Report.
 The report for the year ending June 3O 1905, covers that time when the com mission undertook to go into general revision of the rates shortly after MT. Conner became president, and about which there was a great deal of talk at the time. The report follows
 During this period many complaints and petitions were heard and disposed of by the commission. in accordance with the facts and the law governing each particular case. It will be unnecessary to burden this report with the details of each cause which has been heard by the commission during the period men toned The commission keeps a docket upon which all cases are spread and which indicates the final disposition made of each case. This docket is open for public inspection at all times. "On March l. 1905, the newly elected president of the commission, Hon. B. B. Conner. was inducted into office. "The most important matter considered by the commission during the year end- ing June 30, 1905, was that of the general revision of freight rates upon all lines operating in the state. This mater was exhaustvey heard and the testimony of many witnesses, under oath. extending over many days, was taken. A majority of the commission, consisting of the asso- ciate members, was of the opinion that the earnings made by the several railroads operating in Alabama were not in excess of fair return upon the investment in each case, and under the law and the evil dence should not and could not be re- duced The reasons actuating Q majority of the commission in this decision were fully set forth in an opinion rendered hy the associate commissioners which Is herewith submitted and made a part hereof. ''The president of the comm 'ssion dls- sented from the action of the associate members and his reasons thei efor are set forth in his dissenting urinion which is herewith submitted and made parc hereof. While the associate commissioners were of the opinion that the ,acts and the law did not warrant a gen gal reduction of freight rates in Alabama. they found upon an examination of the various tariES that there were some inequalities. inaccu- racfes and discriminations existing in the