The Birmingham age-herald., 1906-05-16
DECISION FAVORS
 RAILWAY COMPA ANY
Railroad Commission Decides
 an Important Case
IS NOT IN JURISDICTION
Birmingham Railway, Light and Pow CT Company Is not a Railroad Company Under the Regu-
 lations of Commission.

Montgomery, May 15.-(Special.) At the regular meeting of the state railroad com- mission today, with President B, B. Conner and Associates Sanders and Tunstall pres ent, the case of the Birmingham Rail way. Light and Power company was de- cided in favor of the company in the holding that it was not a railroad in the sense that it came within the law by which the commission regulates traffic lines. The opinion was written by MT. Sanders and concurred in by MT. Tunstall and President Conner.
 At the last meeting Mir Conner had asked that the matter go over in order that he might have an attorney to rep resent the state today. MT. Sanders had the opinion that at that time which he read today. At the request of MT. Conner the case was postponed. In the mean time he wrote the governor with the sug gestion that the case might be one for the State Board of Assessment; also ask ing that an opinion be secured.
 The governor returned the papers 10 Mir Conner with the information that the assessment board had adjourned and could not be called together again this year. He suggested that the commission would be the best place to thrash out the ques- ton. When it came up today MT. Conner read this correspondence and letter from the attorney general to the effect that he had read the opinion of MT. Sand CTS and agreed with him that the prop critics of the company should not be classed as a railroad in the purvew of the commission Mr. Conner had been told by the governor that he had per feet right to call upon the attorney gen. eral for an opinion, which MT. Conner
 In discussing the matter MT. Conner said that his only idea In putting off the matter was to have more evidence OH the side of the question other than the road He thought best 10 drop 1t with out decision as he was afraid the prece- dent of holding it outside the power or the commission might work trouble in the future with some other line. He d1d not think 1t was best either to shut off by such holding, the State Board of Assess ment from considering it a railroad. However, as the attorney general and the other members of the commIttee were agreed he had nothing more to say and would concur in the holding. He did so gracefully and with the best of humor.
 A committee of gentlemen from Shef- field came before the commission seeking
 to have the Southern railway run all passenger trains of the division through Sheffield and not stop certain ones in Tus- cumba as now. It was agreed at last be- tween the interests of Sheffield and those of Tuscunbia, also represented, that the two places would try to get together on plan that would please all hands. When this is done it may be that another case will be brought to the commission. The whole movement was of the most friend 1y sort.
 A depot was ordered built at Saeo. Plans must be submitted to the commits sion in thirty days.
 The commission will leave here in the morning for a trip of inspection down the Louisville and Nashville. Later in the month the inspection of the lines of the Southern not finished some days ago, will be made.
 The session was one of the most har- monious since MT. Conner became pres ident.
 Cotton Meeting. Speeches were made today at the audi torium by Harvey Jordan, president of the Southern Cotton association, and E. D. Smith of South Carolina, financial agent of the organization. Both sought to show that the men who grow the cotton can
 be made independent of the spectators if they but see that they have the power in their hands.
 The occasion was the meeting of the State association and the session was presided over by w. II. Seymour, pres ident for Alabama. There were a num- Der of leading farmers here from all parts of the county and great interest was shown by all Several came forward with subscriptions to meet the expenses. When seen after the meeting President Jordan expressed the grettest faith in the outlook and is of the opinion that there will be no more cotton at less than 10 cents a pound. That he says. is the
 dead line that will not be lowered,
 Supreme Court
 The supreme court held today that the Ensley inferior court bill is unconstitu- tional and that the justices of the peace in Beat 45. Jefferson county, are holding office by legal statutes. The case was that of Frederick against Brodies. and the court holds that Brodies has a right to the office of justice of the peace. The following decisions were handed down:
 Weakley, C. J.-J. T. Reeder, surviving
 partner vs. J. A. Huffman. ct al., appea from Lauderdale circuit court: affirmed. Haraison, J.-The state xe rel. Robert
 Frederick ct al. vs. James Brodie, ap-
 peal from Jefferson circuit court: af- firmed.
 Dowdell J.-J. Marx vs. NJ. Ely, appeal