The Montgomery advertiser., 1906-05-01

lt and some of you may believe ft now. the sense that I would interfere with In Alabama" Branches of Government. pr. Cunningham then went into lucid definition of the functions Of the legislative. the judicial and executive branch of the State government as they the statutes. He drew attention to the care and caution with which one was marked off and set apart from the oth- CT, of the impossibility of one overlap
 Having shown this clearly to the understanding of the most indifferent, Dr. Cunningham declared that no man could go into the office as Governor and while discharging the duties al the executive trespass upon the re- rogrative of either the legislative or the Judicial without violating his oath of office, the oath he took to support the constitution of his State.
 Having lead up to 1t, the Lieuten- ant Governor took up the big issue Of the campaign. the regulation of freight rates
 Now If any of you have .ysterics on this question, put them off and let us discuss the question calmly and sensibly," he said. See this knife which I have taken from my pocket? Four great commercial industries had hold of 1t before I paid a dollar for It. The man who took 1t from the ground as raw material. where God had placed 1t, the manufacturer who fash toned 1t. the transportation lines which hauled it to the market and the great commercial interest which bought and sold 1t.
 Now eahc one of these agencies is entitled to a fair and just profit for it's share of the work. True political economy would sec that no one of the agencies by Combinations or monopo- lies should divert to It's own particular interest the interest of any other agency. The solution of the rate cues- ton is in the application of this true law of political economy"
 Railroads, the speaker declared, were absolutely necessary to civilization and to the happiness of a people. A rail- road was common carrier. There were. some among his hearers he said who did not fully understand the meaning of common carrier. It meant that the law made railroads haul passengers and freight when 1t was presented to them in a shipable con dition. merchant could refuse to sell his goods, a farmer could hold his cotton as long as he wanted to but the railroad had to haul freight and passengers whether 1t wanted to or not. A railroad was invested. too. with the right of eminent domain.
 Dual Nature of Railroads.
 railroad could not therefore be considered piece of private prop erty for it had both rights and re- responsibilities which were not part of private property. But railroads were built and owned by private investors with their own money and they could not therefore be considered other than having a dual nature, of public and of a private character.
 pr. Cunningham explained the two methods of fixing rates, the first by their adjustment in the natural process of commerce. or the fiixng of rates by means of commerce in it's natural oper- ation He did not subscribe to this theory which, however, was held by some of the public. He was firm be- liever in the other process. that of reg ulating them by Governmental actiosl- -vllis sl s er Evergreen the rAlissaa had As much monopoly as # f had been put there by the hand of God
 The railroads could be regulated by the Government, but they should be allowed a fair aand just compensation for their service That the law allow ed and that they had to receive MT Conner couldn't change that, Dr. Cum ningham couldn't change 1t. It couldn't be changed at all until the Constitution of the United States and the Consti- tuition of the State of Alabama had been changed
 Dr. Cunningham alluded to the rapid growth of sentiment that public util- ities should be owned by the Govern ment He called to the attention of his hearers the recent municipal slec- tions in Chicago and New York as proof of the spread of this idea.
 "I believe myself" said Dr. Cunning ham that a city should own its own ssytem, it's own lighting plant and gas works. As for governmental ownership of railroads. that is not a question of this campaign. But I will make this prediction, unless rates are satisfac- torily adjusted by Congress and the State Legislatures this will be the par amount issue of the campaign of 1912. Hon. John A. Rogers of Sumter and q very able man, recently withdrew from the race for Railroad Commissioner be- cause he was a believer in Govern ment ownership of railroads. When a man like John A. Rogers cooly and calmly makes such statement it is time for us to stop and consider. {"
 Powers of the Commission.
 Dr. Cunningham explained at length the present law governing the acton of the Railroad Commission and in-
 
 sized the powers which had been con ferred upon the Commission by law. Mir. Conner said. however, that the rail roads would enjoin the Commission and might stop them by having the courts declare the law unconstitutional
 T am not a lawyer" said pr. Cum ningham." and neither Is MT. Conner. He says the law won't stand but I be- lieve 1t will. Georgia has made the test. The Supreme Court of the State of Georgia has declared that the Geor- gia law constitutional. We have the same provisions of the constitution in Alabama as in Georgia and If the law is good in Georgia l don't see why it is not good in Alabama. If man looks at the sun and falls in faint in Georgia why can't he look at the sun and fall in faint in Alabama"
 The readings of opinions by both As sociate Commissioner Sanders and President Conner had clearly establish ed as facts In the mind of the speaker that first, the Georgia rate was lower than the Alabama rate, second that conditions for creating freight were better in Alabama than they were in Georgia and third that rates could be reduced without working serious in- jury upon the railroads. The speaker declared that he was heartily in favor of making the Georgia rate the maxim um rate.
 Dr. Cunningham reviewed his well known record on the rate question as 1t was written in the journals of the House and Senate, beginning with his first vote for railroad commission with mandatory powers in 1881. He reviewed that fight and went over the lad