The Montgomery advertiser., 1906-02-16
LIGHT ON MIR. coMER's
 PLATFORM.

of Mir. B. B. Conner, candidate for Gov ernor. delivered at Tuscaloosa and in which he outlined the platform on which he would ask the people to elect him. We commented hriehy on this speech at the time. and promised our readers that we would from time to time make further reference to this re- markabie deiiverance.
 It will be noted by those who have read the speech, or by those who have heard MT. Conner oh subsequent occa- sions.--at which time he practically re- peated or reiterated the positions as- sufned in this address--that Mir. Conner admitted, as every ope who has ac- quainted himself with the subject knew. that the late Constitutional Con-. vention of Alabama. so far as the power relating to the regulation of freight rates is concerned. adopted the provisions of the Georgia Constitution.
 The movement in Georgia for the proper regulation of railroad rates was inaugurated. as we now remember. by MT. Robert Toombs. Georgia was one of the pioneer States that took up this question, and the action in that State as embodied in it's Constitution was the product of the mighty brain of her greatest Statesman. and one of the greatest men whom the South has pro- duced. One of the great purposes for which the Convention. was called and the new Constitution in that State was framed was to invest the Legislature with the power to regulate freight rates in that state. All advocates of freight rate regulation in this State have pointed to the State of Georgia as an example of where this question had been successfully dealt with. As ! before stated, the late Constitutional Convention in Alabama adopted the provisions of the Georgia Constitution ! on this question.
 1 Under the Constitution of 1875 it was supposed by many that it was not in the power of the Legislature to pass law regulating freight rates, and con sequently. when a railroad commission was created in this State. it was what 1 is ordinarily known as an advisory commission" Whether this idea was l well founded or not, when the late Constitutional Convention convened, ] this question was forever put at rest | by the adoption by that. Convention of the provisions of the Georgia consti- tuition in this respect After the ad- I journment of this Convention, the Leg islature of Alabama not only made the members of this railroad commission elective by the people, but passed law ennferring ample powers upon the commission to fix and regulate freight rates in this State. l When Mir. Conner made his canvass for tho position of Chairman of the | Railroad Commission. he announced that he did not expect to be able to of the commission, as he said. were | against him; but if the people, he stat ed. would elect him and would after wards elect two associate commission CTS, he would pledge himself to the work of regulating freight rates in this statey and would curs the gross inc | qualities which he claimed existed. To the surprise of everyone. after being elected to this important position. in stead of keeping his pledge to the peo- pie to remain at his post of duty and accomplish the great purposes outlined an the platform upon which he sought election, he now proposes to abandon the place and ask the people to elect him Governor, upon the Idea, as he uR- dertakes to explain in his Tuscaloosa speech. that there is no power in the Railroad Commission of Alabama to regulate freight rates, but that this | power has been conferred by the very l terms of the Constitution upon the Legislature.
 We have said that the provision of the Alabama Constitution in this re- spect is the same as the provision of l the Georgia Constitution, and this Mir Conner, in his Tuscaloosa speech, ad- mits It goes without saying, there fore, that If, under the provisions of our Constitution, the Railroad Commis- sion of Alabama, notwithstanding the ample powers conferred upon it by the Legislature, had no right to regulate l freight rateSI then d SiIillAaE ISdAiiodu Commission created by the Legislature of Georgia under a similar constitu- tional provision would have no such power. This is very great and very important question, and 1t affects vital ly the interests of all the people of Alabama The Advertiser Is not prej-
 udiced In the matter, but it is news l paper, and it is it's duty, so far as lies
 in its power to furnish proper and ,accurate information when the occasion
 requires.
 Fortunately, in the interest of truth,
 we are not left in doubt as to what is
 the correct position in this case. Mir,
 Conner does not pretend to be lawyer,
 nor Is he trained in the art of framing
 constitutional provisions, but judging
 from the fiippancy with which he dis
 cusses these grave and important ques-
 tions he thinks himself quite equal
 to pronouncing final judgment upon the case in question. Unlike Mir Conner,
 we do not pretend to be learned in the law, but we give on this page
 of this issue. for the benefit of our readers. a decision of the Supreme Court of Georgia, and al- so a decision of the Supreme Court of