The Montgomery advertiser., 1906-04-13
PLAYING poLITIcs.


 before the Railroad Commission of Alabama against the Birmingham Rail- way Light and Power Company, affords some remarkable developments which the public may be interested in know Ing. It shows that MT. Conner is play ing politics.
 In the first place, this case got be- fore the Railroad Commission upon a petition by the Commercial Club of Birmingham to President Conner that East Lake be made d watering place. and that all railroads entering Bir- mingham be requested to sell through tickets 10 East Lake with coupon at lached for passage on the Birmingham Railway Light and Power Company. Mir. Sanders raised the question as to the jurisdiction ot the CommisssIon over street railways. Mir. Conner contended that the Birmingham Railway Light and Power Company was doing & freight business and was a corporation of immense capitalization. and the Railroad Commission should have ju- risdiction and requested Associate Com missioner Sanders to investigate the matter.
 After investigation, MT. Sanders found that under its charter the said Street Railway Company was empower ed to do railroad business as well as street railway business. Thereupon, Mir. Jemison, President or the said street railway, was cited to appear be- fore the Commission. The case has been continued from time to time, but was finally submitted upon the brief of John F. Tillman, who appeared for the Birmingham Railway Light and Power Company, at which time MT. Co- mer stated that he was satisfied that the Commission had no jurisdiction and that he was ready 10 drop the case. The Associate Commissioners objected on the ground that they desired time to give the matter due consideration and rem der a formal opinion.
 On Tuesday when the matter was called for final determination. Asso- eiate Commissioner Sanders commence ec to read an opinion which he had pre- pared in this case, but was interrupts ed by Mir. Conner who said: T think we ought to let this case drop" Colonel Tunstall asked Mir. Conner what he meant by dropping the case, and Mr. Conner replied. T mean not to take any jected saying that as the case had been brought before the Commission, 1t should be disposed of in regular order. At this point, without knowing what the opinion of either of the Associate Commissioners was on the subject, Mir. Conner took from his pocket a paper, which proved to be brief contending that said B. L. & P. Co, was a rail- road and subject to the jurisdiction of the Railroad Commission. MT. Conner stated that this brief was prepared by one of the ablest lawyers in Alabama. MT. Sanders asked who the lawyer was, to which MT. Conner replied that he could not give the name of the lawyer, as he-the lawyer-was afraid the railroads would injure him If they knew who he was. MT. Sanders answer ed by saying that he could not under stand how any lawyer would prepare d legal opinion. under the circumstan- ces, and hesitate to sign his name to It. MT. Conner then asked that the case be continued. In order that he might get d lawyer to represent the State.
 To an impartial observer, 1t appears tf, hA Gf n Mir Conner should have been willing to drop this case without any action whatever when he had in his pocket, at the time, a brief by some able lawyer showing that it was his duty to assume Jurisdiction over the Birmingham Railway Light tie singular that, without knowing what the opinion was which MT Sand CTS was preparing to read, he should want first, to drop the case entirely, and then to postpone 1t until he could get a lawyer to represent the State. It is supposed. of course, that by the State MT. Conner means the people of the State, and 1t would follow, there fore, that he is in favor of employing a lawyer to prosecute this case against the Birmingham Railway Light and Power Company. although until objec- tion was made by the Associate Com missioners. he was perfectly willing to let the matter drop. It appears to an outsider that MT. Conner believes that the Railroad Commission should as- iD nd that ne was willing to let 1t drop to avoid political complications which might arise in Jefferson county. If this be true then the people have very poor champion in President Conner whenever the question al issue involves his political welfare It seems that the President of the Railroad Commis- sion has been playing rather a shrewd game of politics in this matter; being willing to let it drop would naturally appease the Birmingham Railway Light and Power Company people, who, 1t Is understood, are his friends, but when the Associate Commissioners declined to agree to this, he suddenly assumes the aggressive to the extent of being willing to have an attorney employed to prosecute the case. It is also sing ular that the President of the Commis- sion, whose duty 1t is to try this case as a judge. should become such a parti- san as to want a lawyer employed to prosecute one side of it.
 It takes quite an artist to mold with tho bare and run with the hounds