The Montgomery advertiser., 1906-04-18
Calls Bluff of President
 of Commission. HE MUST NOT SIDE STEP The Birmingham Railway Case Belonged to Commission. shows Mir. Conner that the Railroad Commissioners Have as Much
 Risht to Call Upon Attorney
 General as Gevernor.


 Governor Jeiks is of the opinion that the Alabama Railroad Commission is amply able to thrash out the case of whether the Birmingham Railway. Light and Power Company is a railroad or a street railroad.
 to Hon. B. B. Conner, President of the Alabama Railroad Commission, in a let ter mailed him yesterday in reply to a letter addressed to the Governor on April IS. suggesting that it was mat ter for the Attorney-General and the State Board of Assessment.
 It will be remembered that the case of the Birmingham Railway, Light and Power Company was instituted by Pres ident Conner himself. The Commercial Club of Birmingham sought to have a flat rate to a watering point near Bir- mingham, which only the Birmingham Railway, Light and Power Compaiy reaches. in order that round trip tick cts from all points In the State might be secured over this road.
 This could not be done unless the cor poration in question was a railroad. To ascertain whether or not it was a rail- road, President Conner caused the case to be placed on the docket.
 When the case was called before the Commission there was only one witness, Robert Jemison, President of the Bir- mingham Railway. Light and Power Company, and the case was argued only by John P. Tillman, counsel for that company.
 The case was taken under advise- ment, and at the April meeting, Presi- dent Conner suggested that the matter be dropped without formal order on the docket Associate Commissioner San ders refused to allow this, however. He said that he had prepared an opinion on the case. and refused to shirk the responsibility of rendering a decision. Before he could read the opinion and before the contents of the opinion were known, the President of | the Commission requested that the case be continued until he could see the Gov ernor and ask for an attorney to repre- sent the States interest. The request was granted. President Conner. on April 13, ad- dressed letter to the Governor, giving | his opinion that the material question involved as to whether or not this should be street railway or a railroad in the intent of law. is simply ques- | ton of taxation and valuation. It was also his belief that the question was | one for the Attorney-General more than | for the Commission, as the Commission | in event the ease was decided either | way, would have the least to do with
 the company, as It maintains fares and
 tariffs below the scale allowed by the | Commission.
 Mir. Conner declares that he had no desire to shirk responsibility, but held l that if the State had any rights in the | matter, it would be a bit unfair to have | 1t passed upon with evidence so one- sided.
 The Governor, in his communication l to MT. Conner, calls his attention to the fact that the Board of Assessments has
 met and adjourned sine die and that 1t cannot now be called together He further suggests that the Audi tor immediately after the adjournment of the Board, sent out to the Assessors of the various counties figures fixed by the Board for railroads lying in their respective counties. The Governor. l however. is inclined to the belief that the question can more nearly De thrashed out by the Commission than by the Board of Assessment. He sug- gests that there is strong and able lawyer on the Commission and the Commission has right under the Code to call on the Attorney General for le- gal advice. To make this point more plain, the Governor cited the section of the Code and underscored that part of the section which refers to the power of the Commission to call on the Attorney General.
 He further suggests that If the Bir- mingham Railway is operating rail- road. the Commission will be called upon to approve or disapprove its tar ifs and in such case the line should be made subject to an assessment by the Board of Assessment for another year. The letters in full are as fol- lows:
 Birmingham. Ala. April 1S, 1906. Governor w. D. Jelks.
 Montgomery, Ala.
 My Dear Sir:
 The enclosed copy will explain it. self As stated herein, I think the ma terial question involved as to whether or not this should be Street Rail- way or a Railroad in the intent of the law, is simply a question of taxation and the valuation of same; that being the case, I think you will agree with me that the real question as to wheth- CT or not it is a railroad Is more for the Attorney General to pass on than our Court. as the Railroad Commis- sion, in either event. would have the least to do with that company, as they toriffG halnXU tho