The Birmingham age-herald., 1907-07-10


 
 the measure had s.ilcieat merit to jus ! t,fy the people hty.ng uill 1T II, and refusing to grant all iniahction 5n- tu reesa,ae.a trhl had proved It's | worth.
 Classification of Freight.
 You have passed act placing no articles of freight of common production, consumption and use in the same classi- fication and same rate the same articles are carried by the railroads of Georgia. l and have been carried by the railroads in Geoi#ta at ti-is same rate for term of years Not only this, hut ihe IeorG'd railroads have carried practically every other item and class of freight at much lower rate than prevails in Alabama, and which classes and items of freight you did not interfere with. I will state that these same 110 items of freight have a | lower rate in North Carolina and Virginia than was made by you, and that tine gelt- ] eral freight lists of these states are | lower
 An injunction has been .ssued against l these three laws in the fed eral court 1 a Nonts someiy. the 'ailrooGS claiming that the execution of them woul confscate their property and destroy them Tn d similar case held in Iowa. Judge Brewer on the bench, then made the following l ruling:
 "The officers of the railroad company | declare that the rate fixed by the com I mission so reduces the income that it | will not suffice to pay the running eX- penses of the railroad and the interest | on It's bonded .iabt, leaving nothing for 1 dividends for it's Stockholders. The rail- road commission assert that their sched- ule was formed to produce 8 per cent of l the value of the road. after paying cost | of maintenance and running expenses. | Which view is the correct one, it Is impos- sible to decide from the evidence sub | mitted. There Is, however, a conclusve way, and 1t seems to me it Is the only | one by which this controversy can be | settled and that Is by experiment. It can soon be settled which is right-the rail road company's officers or the railroad | commission-in their view of the effects I of the commissions tariff and rates, by al- 1 lowing the tariff to go into operation. 1 When the effect of the rates Is doubtful, with the probability that they will prove | compensatory, and the amount of business l to be effected thereby Is comparatively | small I think the courts may well wait for the test of experience. Influenced by | these considerations, I am led to refuse the preliminary injunction and to set aside the restraining order heretofore en- | tered"
 It would seem that the above decision | of Judge Brewer would fit the case of your statutes exactly, because, while this legislation has been called hasty and ill | advised, 1t is not true. It has been tried | before the railroad commission several 1 times and clearly proven that Alabama | was greatly dscriminated against; it be- | came a direct component part of the states politics and every essential of the initiative and referendum has been car 1 ried out and at the last election, where it had been discussed for an entire year | in every part of the state, the verdict 1 confirming the states demand was practi- | cally unanimous. In fact. this statute of | yours hitting the reduction of freight to 110 items was the most moderate of the ! two policies and reductions advocated be- | fore the people and before the state. Nothing was ever more fully discussed, more fully understood or so universally | demanded.
 comparasion With Other States.
 Your action was fortified by the eX | perience of Georgia. Carolina and Vir- ginla, as well as other states, as In all of | them where the fight for equalization of rates was made. A lower rate than these | made by you was accomplished by them. | The railroads there also claimed that 1t was drastic and destructive, yet the ex- | perience and the operatisn in those states l has shown that it was neither. Referring ! again to the history of Iowa. because 1t | shows that after the establishment of euualized freight rates, put in as they , were by Judge Brewer against the pro- tests of the railroads, and the railroads insistent assertion that 1t would confisca te | and destroy them, the facts show the wisdom of Judge Brewer in refusing the | iniunction: the wisdom of the people In demanding these lower freight rates, be- cause from this equaliza ton of freight | rates in the state the property of the state has largely increased: railroad build ing has largely Increased and railroad ! prosperity is everywhere evident, and the experience of the trial given by Judge Brewer in not allowing the injunction has | proven a great success, and no one now | thinks of going back to the old method
 For further confirmation in the Iowa case I refer to President Roosevelts re- cent speench at Indianapolis in which he distinctly alludes to the good results that came to the railroads and the people as an effect of the peoples control of the freight rates and restriction of the l charges of the railroads as illustrated l by the history of the peoples control of the railroads In Iowa.
 The railroads claimed before the Geor- gia authorities and the Georgia courts l that 1t would destroy and confiscate them, vet 1t has proven the reverse. The samo l has heen tried in Missouri. Iowa, North Carolina and Virginia, and all of these states have a lower freight rate than Ala 1 bama Is asking for. If it Is the history l of these states ana IL Is, that liie i''ii- ! roads in their claim that lower rates should be con6scatory and destructive were in error, why should so much cred ence be given to the same contention | when it comes to making the test in Ala 1 bama. Experimental stages have passed The discrimination against Alabama has | been proven. and it Is great hardship | for Alabama to be forced to go through l court processes on a case already pioneer | ed and worked out and demonstrated.
 Alabama has more tonnage per railroad mile and pays a higher freight rate, and 1t does not cost more to operate.
 Violation Of Sabbath.
 In addition to this we allow them to | use in the regular transaction of their | business the seventh day, the Sunday or | every civilized people a day which 1as come down to us from Sinai as day or | rest both for man and machinery. and we have the Divine declaration that this | is the best for all. that we have allowed | the railroads to take this day and use it as any other day working their. ein- | ployes, our fellow countrymen, and thelr | property to secure gain and increase ousi- | ness Notwithstanding this adds l6 and @-S | per cent to the operative value of their | property. yet with this great allowance from our sufferance with this great con- | cesson from our fundamental law. not al | lowed in Georgia and North Carolina, a | concession scarcely allowed any other | property, still the rights and demands or