The Birmingham age-herald., 1906-04-18
JELKS HAS PUT T
 UP ID MR. COMER Birmingham Street RailwayCaSe
 Causes Contention C0MER DENIES STRIKING
But the Governor Thinks the commis- sion Can Decide the Question and Can Use the Attorney Gen
 eral as Counsel.

thrash out the question as to whether or not the Birmingham Railway Light and Power company is a railroad than the state board of assessment.
 This belief was expressed to B. B. Conner. president of the railroad commits sion. who it will be remembered favored the dropping of the case against the Bir- mingham corporation after it had been instituted by him.. At the same time the governor suggested that the commission had ample legal talent in the person of Associate Commissioner Sanders and the attorney general, who could be called upon to look out for the interests of the state.
 At the last meeting of the commission. President Conner having heard the evil dence of Robert Jemison, president of the company, and the argument of John P. Tillman, attorney for the Birmingham Railway, Light and Power company, sug- gested that 1t was a matter perhaps out of the Jurisdiction of the commission, and that his idea was to drop the cause. Shirking Responsibility.
 Associate Commissioner Sanders, how ever, said that he considered such ac- tion as shirking responsibility by the commission He declared that he had written an opinion, which he would pre- sent. Before this opinion was read, how eyer, he asked that action be postponed until such time as he could call on the governor and ask for an attorney to represent the interests of the state. His request was granted
 President Conner on April 13 addressed letter to the governor, giving his opin- ion that the material question involved as to whether this should be street rail way or railroad in the intent of law is simply a question of taxation and valu- alton. 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 case 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.
 Mr Conner declares that he had no de- sire to shirk responsibility. but held that if the state had any rights in the mat ter 1t would be a bit unfair to have it passed upon with evidence so entirely one sided
 The governor in replying sets out that the board of assessment has met and ad- 1 journed sine die and cannot now be called | together. He further suggests that if | the question Is noe for the board of as- | sessment the request for action comes | too late. The chief executive then states l his belief that the commission can more | 41.A board of assessment The section of the code providing for the power of the com mission to call on the attorney general Is cited and he suggests in conclusion that 1 if the commission finds the company sub ject to assessment by the board, that the commission file it's conclusions with the auditor, as he and not the governor is custodian for all such matters. The correspondence is as follows Letter From MT. Conner. Birmingham, Ala, April 13 1906 Governor w. D. Jell<s, Montgomery, Ala. : My Dear Sir-The enclosed copy will ex- plain itself As stated herein, l think the material question involved as to whether or. not this should be a street railway or railroad in the intent of the law is simply a question of taxation and the valuation of same That being the case | Inlnk you Will dBIet WILL iiit tldt tiic real question as to whether or not it is a railroad is more for the attorney general to pass on than our court. as the rail- read commission, in either event, would have the least to do with that company, as they maintain fares and tariffs below the scale allowed by the commission.
 1t was not my desire to shirk responsi- bility in this decision but simply that if the state had any rights in the matter tAIa t.t tt,.,, +1 ho.~ it passed upon with the evidence so en- tirely one-sided.
 With regards, l am, yours very truly.
 B. B. COMER,
 President Railroad Commission.
 N B.-The papers filed by the Birming- ham Railway Light and Power company are in the commission office. If desired, MT. Griffin will give them to you.
 The Governors Reply.
 Montgomery April 16 1906. Hon. B. B. Conner, President of Alabama
 Railroad Commission, Montgomery. Ala:
 My Dear Sir-Your communication of the 18th is received. Ire-enclose yon copy of what purports to be a letter to the Montgomery Advertiser. also two pages of typewritten matter headed Railroad Commission of Alabama Vs. Birmingham Railway Light and Power Company" I cannot use either of the enclosures and hence return them to you.
 The board of assessment met on the first Wednesday in February. the date named in section 3967 of the code and ad- iourned from time to time until their work was completed. On March 9 the board. as the minutes show "adjourned sine die" It cannot now be called to- gether again.
 The auditor immediately after that ad- iournment sent out to the assessors of the various counties figures fixed by the board for the railroads and telegraph and telephone lines lying in their re- spective counties. If the matter you bring