The Montgomery advertiser., 1906-05-16
.NOPOWEROV STREET LINES This is Decision of Rail- road Commission. CASE FROM BIRMINGHAM President Conner Voted With His
 Associates. Cemnissieners win Co over Louisville and NashviIIe Road South of
 Montsemery Today on In-
 speetion Trip.

l The Alabama Railroad Commission yesterday disposed of the Birmingham Railway. Light and Power Company
 case, about which it vas expected
 would result something in the way of
 a sensation. without trouble. President B. B. Conner voting with the two as- sociate commissioners, Col H. c. Tuns- tall and Hon. W T. Sanders to the effect | that the properties of the street rail- | way company in question did not come | within the Jurisdiction of the commis- sion.
 The opinion of the Commission was written by Associate Commissioner CT Sanders and was an exhaustive exposi- tion of the law governing and definins all sorts of rail lines.
 This case came to the commission some time ago in the nature of a re- quest presented by President Conner from the Commercial Club of Birming- ham, that the rail lines of the country put East Lake, at the terminus of the East Lake Division of the Birmingham Railway. Light and Power Company, on the basis of summer resort, sell iag to 1t round trip tickets at certain
 seasons of the year. The discussion de-
 veIoped that the place was not on a
 
 This naturally brought up the question
 of whether the street railway line was one that came within the purview of the laws by which the Commission as- sumes control of transportation lines. Showing of Company.
 Coming up for hearing, evidence was presented to show that while the lines of the Birmingham Railway Light and Power Company do carry freight, as # that the former ie only for the accommoda- ton of the patrons of the company re- mote from stores and business centres,
 and that such hauling did not amount to more than three per cent. This was presented in ,.n argument for the Bfr- mingham company by its attorney, John P. Tiliman of that city.
 However in order to give any who might have a desire to be heard sn opportunity to come before thee Com
 mission the cause was postponed from
 the first hearing for two months. When 1t came to call at the April meet ing of the Commission President Conner did not desire to have decision reach
 ed rather advocating that it simply
 be dropped from the docket without passing upon It at all.
 The other commissioners would not agree to such action and MT. Sanders began the reading of an opinion he had prepared to which 1t was understood. his associate Mir. Tunstall,was in full | accord. Though not then made public. 1 1t was known that 1t was in favor of | the contention that the Commission had 20 right to exercise control over the 1 lines of the company. But before MT. | Sanders could read the opinion he was asked by President Conner to withhold 1t until in a subsequent meeting order that he might secure the services of an attorney to represent the State This was done.
 Opinion of Attorney General. In the meantime, shortly after the meeting of the Commission. President Conner wrote Governor Jelks asking l him to consider the matter of having | the State Board of Assessment take up | the ease and determine if the lines of | the Birmingham Company should he | returned for taxes as other rail lines | He desired that the Governor have the | Attorney General pass upon the case. | Tn replying to the letter the Governor 1 informed MT. Conner that the State
 Board had adjourned to next year and could not be called together before | that time. He also suggested that MT. l Conner had the same right to call upon l the Attorney General as he or any other 1 State officer. Further, the Governor expressed the belief that the Railroad
 Commission would be the best place in | which to fight the question out.
 l Acting on the suggestion of the Gov
 ernor MT. Conner referred the matter
 to Attorney General Massey Wilson, | who in a letter to the Commission, 1 agreed with the findings of the opinion | written by Mr. Sanders. that the com
 mission had no right to assume any sort of control over the properties of | the Birmingham Railway Light and | Power Company.
 With the lights before him Mir. Conner | announced that he would concur in the | opinion of the associates and sign such. taking the ground that the best legal authority to which he had right to refer agreed that this was the correct plan. He said, in this connection, that ! there was doubt in his mind as to the legality of such ground and did not want the Commission to make pre-
 cedent as 1t might work harm in future when lines of this class might be brought in for taxation by the State
 He expressly stated that it was not his intention to be at all abtrary. his be- lief being that in the ease at bar there was evidently no right by which the
 Commission could assume control Delegation From SheAieId. committee of citizens from Sheffi- eld appeared before the Commission to see what could be done towards having the Southern Railway run all passenger trains through that city instead of stop ping them in Fuse 9mbta. To prevent anything beinG done that might injure them citizens of Tuscupbia came along
 to keep an eye on the situation. Atter 1 q discussion of the situation t was agreed by members of both parties that
 they would go back home and see if an l arrangement could not be made to suit all concerned. IL is quite likely the | matter will come before the Commis' sion al a later day in different form. The Commission ordered the Central of Georgia Railway to build depot at Saco. submitting the plans before the contract ia let to the Commission. The application for depot facilities at
 PanseN was withdrawn by consent The Comm ssion. with all the mem bers, will leave Montgomery at S30 | o'clock thus morning for an inspection
 of the lines of the louisville and Nash ville, Railroad Company going South