The Montgomery advertiser., 1907-02-05
Measure on Which Ad nlinistration Relies.
 --s--- UNFARNEsS IS CHARGED BY SENATOR FROM DALLAS 'Roads Must Rely on Integrity of
 the Courts" " Proposed Law Goes Throash Ussst Hsase Practically withsat or pesisioa--Game and Fish
 Eaactment nrinSs Out
 Debate.

The adminfStratfon railroad commits sion railroad bill, on which Governor Conner and his friends place great re- liance in the Accomplishment of fheir policies. yesterday passed the senafn without opposition and practically made that ons section of the bill was manifestiy unfair in that 1t provided that the railroads might have to pay the cost of litigation in contested rato matters. even when the stats waa de- feated in the courts
 Those senators who made the pxns test. however, united with their aesp. sciates In passing tho measure. The bill has given more thourht and con4 alteration of the administration ad- visers and legislative leaders than any other railroad measure. which has been presented.
 The Senate yesterday passed tho game and fish bill. but 1t took an day practically to get the measure through The fight over the various efforts to trim the bill was perhaps the most even and most hotiy cons tested since the session began. Cons alteration of the bill began at noon yesterday and 1t was only completed when the Senate was ready to adioNrn last night after dark.
 When the bill was offered it was found 1t had been amended in only three particulars that amounted ta anything. ana these amendments w2rs to a certain extent agreeable fo tha friends of the measure The nrAt amendment cut down the salary Of tha State game warden from $s,00o Co sz.~ 500 annually. A lively fight wan maaa xN hA9 As a04a &n c NnN but the friends of the measure keid their own.
 Ameaaments To Biu.
 The second Arnauapent provided fhak fha game warden after he was elncEea< should not hold office for four xcnxM as was originally contemplated bx the biil. but that he should hold until his sucnesacF had been elected In the naxk general election, November. 1908. A third amendment eliminated the fcafurd which gave tho game wardens the right Of search 10 ascertain the cor rectness of suspected violations of the law.
 The Railroad Comm Nsion blf came before the Senate under q special or@ der at i2:so o'clock. It Is a lengthy measure. containing some thirty prints cd pages This bill was in the hands of the committee for moro than twn weeks. It had been introduced orixi { i naily by Senator Gardner. and ft was said to contain those provisions of the Wisconsin, the North Carolina and the Texas laws. which the administration believed would be of assistance ta si& in solving problems in Alabama
 The Senate Committee on ComYnercA and Common Carriers and Henry Cl Seiheimer, the Governors adviser oss constitutional questions. went over ft carefully from beginning to end, and \ number of changes were mada in ft from it's original form. The bill. aa fei was passed. provides Q complete code for the commission, and it gives to the commission every right and power that Governor, Conner ard his advfnera believe the commission should have.
 Can't Raise ExistanR Haatem.
 One power Is withhold from the Come mission. however the power to raise any of the existing rates. Tho Com- is given the right to examina any and all books of a railroad com pany, and to compel the officers of the to bring the books. when the Commission is Investigating the fixing of rates. and 1t can compef the attend+ anee of any witnesses. whose testimony 1t desires to have In establishing anx Alabama rate,
 The objection to Section zf was sirsS raised by Senator Reese, who announc@ ed that he would vote for the bill whe- ther the objectionable sections were out or not.
 The section declares that when the successfully attacks a statu- tory or a commission made rate, tho judge, in his discretion, may make tAe railroads pay the court costs" said Sen ator Reese. ''Is there any fairness or justice in punishing a railroad for re- rfsrfs. resisting 1t. too? IL would seem that we want to ovorrun an old established law and custom of tho unsuccessful iit- Igant paying the cost. so that we can mnlct a railroad. even when it is in the right"
 Senator Gardner saw no reason Tor the bill. It had already gone through the fiery furnace.' he seid, and 1t should pass as 1t stood. Jn am swer to the objection of Senator Reese, he pointed out that in Chancery Coure in certain cases sae costs were fra- Quently assessed against the successful litlgant.
 Senator Reynolds took the same yiaw of the matter. He recalled that in the exercise of the right of eminent domain the successful side was often compelled to pay the costs.
 Railroada Should Pay Costs.
 Senator Lusk defended the section which under discussion, saying that In certain cases the costs should be as~ sessed against the railroads.
 Suppose the Commission should start an investigation with the purpose Of ez- tabIishlng a rate. and suppose when they went to the railroads and the raii- roads would do as they have done be. fore snap their fingers in their faces and tell them to away" said Senator I,usk. And suppose, after the Com- mission has fixed the rates it should be discovered that the railroads wers right after all, but that they could have stopped all the litigation by simply giving the fgures. Ought not they ba punished for causing the trouble7'
 Senator Mcwhorter announced hfnt- self as shsring the views of SonatnH Reese.
 Tho section Is manifsstiy unfair ana