The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-16
TOML|NSON WILL
NOT BE CANDIDATE
Announces He VIII Not Run for
Alternate Senator
LETTER WRITTEN TO HIM
Several Hundred Business Men Sign
Letter Asking Him to Make Race.
Gives Views and Reasons
for Not Running.

The following letter. signed by several
hundred business men and citizens of
Birmingham, was yesterday delivered to
John W. Tomlnson:
ITO the Honorable John w. Tomlinson,
Birmingham, Ala
Dear Sir:-Knowing that you would
advocate in the United States Senate d
freight rate bill which would give ade-
quate relief and not In effect transfer
the rate-making power from the com
mission to the federal courts. except in
cases of abuse of power and believing
that in this important matter, as well
as in others, that you would faithfully
represent the people and not any special
interests. We, the undersigned, members
of the Board of Trade, and citizens of
Birmingham, earnestly request you to
become a candidate for one of the al
ternate United States senators, to be
voted for in the August primary, and
in the event you become a candidate,
we pledge you our earnest support.
When asked as to what his reply would
be, Mr.. Tomlinson said:
Mr.. TomIinson's Reply.
you can say that l deeply appreciate
the honor which a number of my fell
low citizens have done me in addressing
the above letter to me, and that | recog
nize the truth of what is said regard
ing the bill which has recently passed
the United States Senate under the DOM
nation of Senator Aldrich, and which
has been practically agreed on by the
conference committee. and will in all
proba bllty become n law
at il true that the present bill, con-
tanning as it does a general court re-
view clause, virtually removes the rate
making power from the commission to
the federal courts, whereas the rule has
been, as declared by the supreme court
of the United States In, Pelt VS.. c. b. &
@. Ry. Co.. "a L. s., p. 17S.
Where property has peen clothed with
a public interest the legislature may
fix limit to that which shall in law be
reasonable for its use
This limit binds the court as well as
the people. If 1t has been improperly
fixed the legislature not the courts, must
be appealed to for the change. Courts
are always open in case of abuse Of
power.
THE business of the federal courts has
already been largely increased by the
business arising in bankruptcy, and when
burdened with this additional litigation,
1t will be impossible for many of the
federal judges. who are now overburden-
ed with work, to dispose of their dockets,
and the result will be that inevitable de-
lay which will practically defeat the pur-
poses of the law.
important Question.
There is another very important ques-
ton of very great interest 10 the south,
especially to Alabama, which is the get
ting of our just share of the expendi-
lures annually made for internal improve
ments. Our delegation in Congress has
done all they could, but the building of
the Panama canal and the great develop
ments of the south are fast bringing
about changed conditions. and there Is no
reason why waterways of Alabama ma
tural artificial should not be opened up
from the Tennessee river to the gulf
Regarding my becoming a candidate
for alternate senator In the coming pri-
mary | feel that I cannot at this time
afford to give the time from my private
affairs to enter into an expensive contest
for vacancy that does not now exist.
According to the figures turned in by
himself, 1t recently coast a distinguish
ed gentleman of this state about $1,000
necessary expenses to become nominated
for Congress. If it cost this much in one
Congressional district the expense of COW
ering the entire state would necessarily
be more.
:. III the next place, IL has ptch 'OiiouS-
ly questioned by high authority whether or
not the executive committee had the au-
thority to provide for a vacancy which
will not likely occur within the life Of
the committee or possibly within the life
of the next committee, thus forestall COM
mittees coming after
az thank my friends here at home, as
well as over the state, who have been
kind enough to offer me their support,
but cannot at this time make the race.
When a vacancy actually occurs | may,
If no party mandate then stands in the
way. become a candidate"