The Montgomery advertiser., 1906-03-08
.,ur, cnnm1sslon.s roMEn.

just compensation for the. servlce iur ". which it is proposed 10 ooesrimination oe against any person, locality or corpo- | ration. they shall notify the party max ing the same of the changes necessary tn reduce the rate to just compensa- | tion or to avoid unjust discrlmlnatioLl and when such changes are maus, or | when none are deemed proper anu esA- l rediant. they shall append to the tarin rs charres 4 certificate of their ap- | provaIs, and they shall exercise 3 Wslch l fuI and careful supervision over all tar- 1 ITS and their operation, and revise tne 1 same. from time to time, as justice to i the pnblic and the railroads may re- l uuire, and increase or reduce Any ua | inc rates. as experience and business | operations may show to be just, put ll l revising the tariff the commissiohcrs l shall take into consideration the na- | fure of the service to be performed, tue | entire business of the railroad, ana us earnings from passengers ano othsa | trnfTic and so revise fine same as 70 allow n fair and just return on the Val- ! ue of the railroads. It's appurtenahces
 and equipments
 1 This Section confers the absolute power upon the Railroad Commission I to fix rates and correct observation-disclosures No Act can be passed in stronger terms, 1 there is but one limitation to the power of the Commission, and this is where the extreme advocates of rate reform strike the insurmountabie barrier, this limitation lies in the last clause or l the Section above quoted and reads as follows: and so revise the same as to allow a fair and just return on the
 value of the railroads. It's appurte- nances and equipments. The people should be told truthfuiiy that any law without such a limitation, would not oniy he unjust, but unconstitutional. MT. Conner, nor any other living man, 4 can reduce rates so low as to result in the confiscation of the property Of
 the railroads and no tribunal. which
 may be created hereafter, can be cloth-
 \ ed with greater power than now con
 ferred by Section 10 of the present
 Act. E Section 24 Of the same Act reads as
 follows. ,, ders made by the Railroad Commis- sion of Alabama, in the exercise or US lawful powers. other t9hn those enoef oe ! the Code of Alabama; fnhich refers to
 depots oniy) that the Railroad Commds-
 sion, through it's President, pc authoa ixed and it is hereby made the duty or said Railroad Commission to institute ] suit, either by mandamus or by inJuncz ton. mandatory or preventive, m tns as.
 Agl
 court of like Jurisdiction, in the coun- ty in which the controversy or mater
 in dispute shall arise or De sta sInateudi ad
 and that service thereoI pc perlec'eu
 as in other suits.
 ' section 25 provides that whenever
 any person or corporation operatims , ply with any order of the Commission
 1t shall be the duty ot sala CoinniisS r.is,
 sion, through It's Presidents 10 csrst z, Y } to the Attorney General the facts 9l q . such failure or refusal, together with a certified copy of the order made DS : said Commission in such matter, where 1 ,pon 1t shall be the duty or the Attor' ney General or some Attorney at law - to be by him appointed to immedlatels ! | file in the Circuit, Chancery, city Cour or court of like Jurisdiction, approprl, t ste nIeadings in the way of a compiainl
 petition or bill. as may be in accoru:
 ance with the rules Of pleadlhss an ane Q practice in such cases, or cases or slhH l liar nature, setting out the name ant 3 inc styfe of the case heard before ths :, Railroad Commission. the relief asSSeI ISeI : granting such relief, or If such oroei 0 fs made by the Commission on it's owi ]. motion, such statement snall sidiP,, mp, 8 set out the order of the Commlsslon r fhe name of the railroad or raliroaas r tn which such order was directed, wit q the averment that said railroaq Q t tbs lime required by such order {,
 tconlpiy herewith, and eonciude wiu wuu # the prayer that such railroad or aAil n e EOnTS iOtmnctjon' % to carry out said order O IT the Railroad Commission Section 26 reads as foliows;;a oou. d That upon the trial of said caus B. tbe order of the Railroad Commissiei f. shall be prima facie evidence tnaL n, .u 't thing ordered to be done, was correc, @ reas0nabIe and just, and the ourue nS sbnwinr that such order Is not cor
 rect, reasonable and just shail , ps upo o IT the railroad or railroads; saillang nasgr D 2 if refusing to comply with the oruer
 ! ,aid 1afIrOad- Commission.
 Section 31 providess That IT an t railroad doing business m m thls s StaSI 1,,i, . hv ita agent or employees, shall pc gun " of making or demanding any char Ls for fine transportation of freight e excess of any rate prescribed py m tn n n,,thorized. and if after due notice c
 such violation given to tne ,n Fres19s nfsce v Superintendent or ManasIns S. f, d recompense for the wrong or J lnJur l. done thereby to any person or cSLpu ZIP,
 ration, as may be dlrecteo py ,.ht, t.T tSi, ,t a. sys from the time of such notic' such company shall incur a pehai, r,, n for each offense of not less .hn tnSh fiy S, J. thousand doliai aollars to to- be fixed by tn u court, An action for the tSii; < e- such penalty shall lie m CiTGnt ,it ,t Y 's G;inISgiof;on GiIg in any county of the Stat SC where such violation has occur t sh . ,n wrong has been perpetratee, anu ~ ~ 'Ass Ais le bsna m Tine Commissioners snail lnst
 t",tn pa sucb action through the AttoTne
 Canoral or such other attorney at laV
 of fine state as the Attorney 0ehei at nav apDoint Any penalty recover ed .ba1i He paid into the treasury nt to
 credited to the Common Sehooi unu nd The above sections are copied Ii as eralIy from the Act and 1t will be see v- that all this furor about the defec' r. of the law to correct any real or SUI
 a posed evil growing out of e&tortiona at rates, or discriminations, IS simply f' D. nolitical effect. The Commission n' ne oniv have the power to fix rates ar a. correct discriminations, but it'is mac
 their duty b enforce their orders ne the courts.
 t. If is surprising to see how ignoran no annarently well informed men upc 'le other subjects are upon the presei
 a ,avv on this question. The fact is, thi A if is SO much easier to drift with u II, nbh1ic tide. and follow in the wake ,st nnhi,c clamor and sentiment than ye. give the subject carerul and conscie - tious study. that the average man. al ns % especially politicians, aaopts tn 5" oonrse and in the hope ot reaping soT - political reward Joins in the popul Ii9 clamor and asserts propositions th .n are not only absurd, bur directly
 ind