The Montgomery advertiser., 1906-07-03

 C0MER'S ACT WAS IMPROPER Sanders Criticises Com missions President. HAS POWER TO FIX RATES Attorney General Says Law is
 Constitutional. t,ommsssioner-Ca Assailed for ursering EEK parte Statements ss to Authority of Body in
 Public Speeches.
HAS POWER TO FIX RATES

That the law conferring power on the Railroad Commission to fix rates rassed by the last legislature of the State of Alabama, ..Ie validity or which has recently been attacked by Hon. B, B. Conner. President of the Commission, is legal and valid, IS the expression of Attorney General Mas sey Wilson in a letter read to that body at it's regular meeting at the cap itol yesterday morning.
 T am of the opinion" reads the let ter, with regard to the entry in the Journal of the House which President Conner declared was not made in &C., cordance with law, that the entry re- ferred to is a part of the House Jour nal, and that the act was constitution ally passed, so far as the point apoVe discussed is concerned"
 In discussing the law which provid- ed for it's existence, President Conner was made the object of pointed and severe criticism from Associate Com missioner W. T. Sanders. of Athens. The action of the candidate for guber- material nomination of the Democratic party In proclaimiEe to the people Of the State that the law by virtue Of which the Commission has acted was invalid was sharply assailed. That President Corners statements were based on the ex parte opinion of form- CT Attorney General w. L. Martin, made the criticism the more biting '
 Conner Is Criticised.
 T do not think 1t proper" said As- sociate Commissioner Sanders. during the course of the discussion, flor a member of the Commission to say whether the law is invalid, the duty ot the Commission being to sustain its authority, unless the law be declared invalid by the courts.''
 The Associate Commissioner further declared 1t his opinion that while il might be the duty of President Conner to call the attention of the Legisla- ture to the fact that he had been ad- vised the law was invalid, he should not proclaim it throughout the State on an ex parte opinion, that the Com mission was without authority. He thought, he stated. that a recommenda- ton should have been confined to the e Legislature, and that it was the duty of all tribunals to sustain their own authority.
 Discussing on the legality of the aei authorizing the commission to fix rates, was brought up yesterday by a letter to President Conner from Attor- ney General Massey Wilson, in reply to request from the former for an ex. precision of an opinion on the matter
 Acting on the strength of an opin, ion given him by former Attorney General W. L. Martin. President Conner who is also a candidate for the Dem, ocratic nomination for Governor. ir the memorable joint debate witt Lieutenant Governor R. Nj. Cunning ham, held in Selma. June l4, boldly de- clared that the Commission, of whicf he was the head, had not the power tt fix rates, owing to a technical erro1 il the passage of the act through tn, State Legislature. This statement wa. telegraphed and copied widely through out the State, and copies of the Mar tin opinion were printed in the news papers of the State.
 Opinion of Attorney General.
 At the meeting yesterday were Pres. ident Conner. and Associate Commis sioner W. T. Sanders and ". C. Tun stall The Railroad Commission Ac was introduced by President Conner presenting the letter of the Attorns, General to his fellow members of tn, Commission. This letter follows il full:
 "Mentgomery. Ala. June 80, 1906. Hon. B. B. Conner President Railroad
 Commission. Capitel.
 Dear sir-I beg to acknowledgt asking my opinion of the validity Of the act entitled An act to amend chap. ter 96 of the Code of Alabama of 1896, approved Feb. 2S. 1903. which act con. fers upon the Railroad Commission tht power to fix rates.
 The ground upon which the validi ty of the act is questioned is the al. legged failure of the House Journal tG hfhrmatively show that the bill was