The Birmingham age-herald., 1907-10-27
COMMISSION TAIL
 TO COMER'S KITE
hoGERS STILL MAINTAINS GOV. ERNoR's ACTION WAS lRREeu- LAR, ILLEGAL, INEFFECTIVE AND sNoN-ENFoRcAeLE.

To the Editor of srhe Age Herald.
 In his interview reported in The Aee- Herald of this date Mir w. D. Nesbitt. associate railroad commissioner of Ala paha Tn endeavoring to answer my communication in reference to the agreement entered into by and between GoVernor Conner and Finley and Rus- sell, bess the question, to say the least. and in his defense relies upon what appears to me to be an exeeedlnely weak and insufficient plea of confessions and avoidance. In no part of his statement" does he answer the charge ] made that the agreement en- tered into between these individuals was irregular, Illegal, ineffective and non -enforceable.' and that Governor Conner had no authority To bind the state by any such agreement. That he avoids and by his silence admits the truth of my assertion
 take issue with MT Nesbft that I am attempting to defend an arbi trary attitude of the Louisville and nashville and Central of Georgia rail- roads, If there is any arbitrary atti- tude" it is not on the part of those railroads, but of Governor Conner ana others who are unwilling to allow them the right of appeal to a higher court. .o which under numerous decisions of the United States supreme court they are entitled. in this controversy fight or Whatever you may choose to call 1t. occupy relatively the same position as does Col T. G. Bush, who at the Ward mass meeting last Tuesday night said.
 T opposed the calling of a special session of the legislature. not for any personal grievance against the gov ernor but on the higher ground of not allowing the governor of any state or any man to attempt to break down tEe constitutional barrier of right of ap- peal to the courts. Any other course would be a sham and a fareep Be cause the Southern and allied roads have been threatened and coerced into renunciation of their legal and con stltutional rights is no reason why ths Louisville and Nashville and the Cen tral of Georgia railroads should not re- sist and fight for their rights and such conduct on their part requires no de- fense from me or anyone else.
 In his Statement" Mir Nesbit said, MT. Rogers. I understand, Is a lawyer and represents at times railroad in- terests." The only item of truth in that statment is that l am and have been for q number of years member of the bar of western state.
 I had before 1 wrote my letter to The Age Herald to which MT. Nesbit objects, read '.all the law on the sub ject of railroad rates as passed by the recent legislature,' including senate bill 39S, approved August o." but in none of the Legislation can I find any thing by which the railroad commits sion Is made tine mere tail of the gov ernor's kite, or which permits tho gov ernor to dominate or control the acts of the railroad commission. or to make agreements by which they must, by his command, be bound. But 1t appears from the closing portion of Mr Nes- bits statement" that he and his as- sociates on the railroad commission are eager and willing to jump when the governor whistles. If it were not so why was not tho agreement made by and between the railroad commission and the railroad men? If this had been Cone. or had the act of August been followed 1 would have had no grounds for complaint.
 As it Is. however. and upon tho stste:nep'" of MT. N-sb't I shall agaIn assert and insist that the entire agrse- ment entered into bv and between these individuals is irregular. Illegal. inef- fec,ive and unenforceable. otherwise there would be no necessity for le,'- islat'.re cailroad commission or courts for the governor would be the whole thing-supreme and omnipotent.9
 THOMAS M. ROBBERS.
 Blrmlngha october 26. 1907.