The Montgomery advertiser., 1906-04-15
Letters to the Editor.
Letter from Hon. B. B. Conner.

blTmlnRndnl, Ala, ADfll To, lSVo. Editor The Advertiser:
 In your issue of the 11th inst, your statement regarding the cases of the Birmingham Railway, Light and Power Company as to whether or not it was a railroad. and my position on same, I think was in error, and will ask you to make the following correction:
 This case has been before the Board for some time, and simply involved the question as to whether or not the Bir- mingham Railway, Light and Power Company was railroad in the intent of the law, or whether it was simply 8 street railway and doing business as such.
 You, of course. understand that I have no personal interest in the mat ter except as citizen and an officer
 The evidence before the Commission was totally from the side of the Birm- ingham Railway, Light and Power Company, and was to the purpose that it was not railroad and doing bus mess as such. but was street railway and doing business as such.
 At one meeting appeared before the Commission a Mir. Harsh. an attorney from Birming gham, to contest their contention, but that time the case was postponed without going into the evil dence. At the next meeting no one appeared for the State, and tSe case was gone into and argued by MT. Till man, attorney for the Birmingham Railway. Light and Power Company and the evidence submitted. both or- ally and copies of franchises was for their side. The decision was postponed until the next meeting, which meet ing was our last.
 | am free to state that the impress sion made on me was that 1t was street railway. though doing quite a bit of freight business, and not in the intent of the law a regular rail- road. However. between the times of the two last meetings, Judge Tough ton of Birmingham. of his own voli- tion and simply from his interest In the matter, mailed me some citations of the law tending to show that 1t was a railroad and should be treated as such. At the next meeting, the one to which we refer, l gave these cita- lions of the law to MT. Sanders. As Judge Houghton was not retained at torney and not attached to the ease, you can see from the above that the State had no representation other than the citations of law from Judge show that this was railroad. Under the circumstances I did not think 1t right that our Commission should give it's endorsement to the Birmlng gham claim that 1t was not railroad. and so I moved that the case be simply dropped from our docket as I did not think that there was evidence sum adverse opinion to me State, and thinking passibly that 1t would not be well to dfscredit the examination or this case at some future time by the State by our adverse judgment. l thought it was entirely right to drop the matter out of our docket.
 After Colonel sanderss insistencee that it be taken up and decided, | over to Governor Jelks who can, If he sees proper, pass it up to the Attorney General for investigation and decision as it Is the States rights and not Co., that in- volved.
 believe that the passenger fare | charged by the Birmingham Railway' Light and Power Company. of Birm- ingham, and their freight charges are on a less basis than that which the | Commission authorizes. and the State would gain nothing from our super vision of that. It simply occurred to State would be in the question of the valuation for taxation vr the Bfrm- ingham Railway. Light and Power | Company, and over which, if 1t is a would have review. They carry $16.- 1 900 O0O bonds and stock. If it Is not a railroad, then I understand that this valuation becomes a local matter. Questions of this kind and import ance relating directly 10 the interest | of the State, I think. should be passed | upon by the State authorities so with l that intent I referred it to the Gov | ernor.
 This case of the Commission against
 the Birmingham Railway. Light and l Power Company was not opened by | me, nor suggested by me, but reel | after it Is on our docket that the Com
 mission should not put decision ad- verse 10 the State without more evi- dence thnn that which the railway | people only would submit.
 Yours very truly,
 B. B, Conner.