The Birmingham age-herald., 1907-05-18
RAILWAY ATTORNEY CONSTRUES THELAW Explains Why Advertising Con- tracts Are Not Made RESIGNATION IS EXPLAINED Councilman Grayson of Selma Quits Because He Was Not Placed On
 Committee On Streets
 and Lights.
RESIGNATION IS EXPLAINED

| over the state something concerning the exchange of transportation by the rail- roads for advertising space i'll the news papers and the reasons why the same has been discontinued The fact that the ant-pass law does not go into effect until thirty days after the final adjourn ment of the legislature has led to the statement in one or two papers that the railroads were to blame for withdraw ing it's contracts with the newspapers and not the governor and the legisla ture.
 President R. E. L. Mel of the Alabama Press association, is in receipt of legnthy communication from the high le- gal authority of one of the railroads of the state explaining why the carriers of the state cannot grant the request made for transportation for members of the association to the meeting in Montgomery in July, the same to be paid for in bona nde advertising at the regular rates. This high authority in giving grounds for the declination, says:
 Section of Senate bill 43 now in effect, reads: It shall be unlawful for any rail- road to charge, demand, collect or re- ceive greater or less compensation for transportation of passengers property or Tor any service in connection there with than is specified in such printed schedules (meaning those required to be filed with the railroad commission), in- cluding schedules of joint rates as may at the time be enforced, except as pro | vided by law or the railroad commission, and the rates, fares and charges named therein shall be the lawful rates when approved by the railroad commission
 Provision Construed.
 "As l construe this provision, it is clear that the legislature intended that tae compensation prescribed in such schedules should be collected or received in money and not anything else. To con- strue the provision otherwise would open the door for all sorts of fraud and re- bates, for there would be no way of de- termining whether the carrier had re- ceived the compensation prescribed in It's tariffs except by the agreement between it and the passenger or shipper as to what the goods, wares. merchandise or other commodity received in exchange for the transportation was worth or to be | allowed to pay for transportation of either freight or passengers in advertising, the contract would have to be resorted to in order to determine whether more or less compensation had been received or collected than the rates prescribed in the regular tariffs filed with the railroad commission"
 After stating that he understood the whole matter was gone over between the newspaper men and Governor Conner dur ing the recent session of the legislature, and that the latter was obdurate and would coneede nothing to the newspaper men and since the laws had been made in accordance with Governor Comer's wishes in this respect, the high legal l authority quoted continues:
 'It seems to me the newspaper men should not make an application to the | carriers to take the risk of violating their plain and unmistakkable meaning, but should apply to Governor Conner and his adherents in the legislature at the ad- | journed session to so modify these laws | as to permit carriers to exchange with | newspaper men, transportation for adver- Using. To accede to the request of the president of the Alabama Press assocla- ton would be in my opinion, resorting by the carrier to a device within the meaning of section s, of senate bill 43 tc charge, demand, collect or receive from newspaper men greater or lesser com pensation or what might by the courts be adjudged to be @ greater or less com pensation, for the transportation of news paper men, than 1t charges, demands collects or receives from other persons for like service,' and the carrier would thereby. be deemed guilty of unjust dis- crimination and subject to a fine for each offense of not less than $1O0 nor more than $10000."
 The same high legal authority con- | cludes by saying: q regret very much that l cannot reach any other conclu- | sion"
 The foregoing should settle the question in the minds of all as to why the con- stitutional prerogative of making a con tract as the newspaper men see fit, is abridged by the governor and his legis- lature.
 Commencement s. M. l.
 On next Monday the Selma Military in- stitute, formerly the Presbyterian High school, will hold it's commencement ex- ercises The programme Is an interest ing one and large crowds will be present. The commencement sermon will be preached by Rev. A. F. Carr, pastor of the Government Street Presbyterian church of Mobile, at the Broad Street
 
 ing. Monday morning at 10 o'clock at the school the debate for the medal will take place. Monday afternoon at o clock on Alabama street, between the school and the court house, will take place the drill between the two companies of ca dets for the flag.
 Monday night at s o'clock at the sourt house, the final exercises will occur, the diplomas to be awarded, etc. The ad- dress on that occasion will be made by Rev. Henry Lewis smith, ILL. D. Dr. Smith is president of Davidson college, Davidson, N C., and is a gifted speaker as well as a deep thinker. His address will be a treat for all who go out. and the court room will very likely be crowd ed to It's capacity.
 This years commencement will be the last held in the old court house building in which the school has been conducted for the past three years. Before another commencement season the $40,000 building will have been completed erected on the corner of First avenue and Broad street. Work on tearing down the old buildings on the site Is now In progress, and the foundations will be laid in few days. The entire sum of s40000 for this institu- ton was raised by public subscription among the citizens of Selma and environs and it was done in ten days time. The building. when completed, will ever stand as a monument to the liberality and phil anthropy of those who contributed to the fund.