The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-27
JUDGES DECISION
FAYORS RAILROAD
Sayre Says Railroad Commits
sion Is In the Wrong
CASE OF HAULING COTTON
Decision Declares That the Road May
Take Cotton for Comprising to
Any Point 1t May Choose
On Its Line.
CASE OF HAULING COTTON

The Alabama railroad commission has
no right to order the Central of Geor-
gia Railroad company to assemble cot
ton at Union Springs for compress, nor
in fact, any right to govern the traffic
lines with regard to the conduct of
incidental business, if such business is
conducive to the transportation of goods,
which is the occupation of the trans
portaton companies.
Such in effect is the ruling of Judge
A. d. Sayre of the city court of Mont
gomery today in the case where the
Alabama railroad commission sought to
force the Central of Georgia to assemble
cotton at the Union Springs compress
in place of handling it by the compress
at Montgomery in which the railroad
owns stock.
The opinion says Railroads when
purchasing the compression of cotton, or
when COMPRISING cotton for themselves
are no more engaged in the performance
of those public duties over which the
railroad commission has power, accord
ing to statute, than when purchasing
or manufacturing for themselves steel
rails, cars, etc, and transporting them
over their lines
The railroad had been ordered by the
railroad commission to assemble the cot
ton at Union Springs, charging the TAIL
ure to do so discrimination against that
place.
Judge sayre says in his decree In
my opinion the order of the railroad COM
mission is void and cannot be enforced
because of its extreme generality. II Is
specific only that it does not hX an
ferential between compressed and uncom-
messed cotton The decision of the IN
terstate commerce commission in very
case is cited heard July 10, 1907, in which
1t is stated that the only remedy Tor the
case is to prescribe lower rates for com
pressed than for uncompressed cotton.
"The Union Springs Compress company
makes its own contracts, and the rail-
road commission has no power from the
laws and the constitution to restrain the
Central of Georgia Railway company
from making its contract in its own
private business-only to correct abuses
and In their duties as public carriers and
charges therefor. The code, 56ol, section
249. is here quoted as to the powers con-
ferred upon the Legislature This sec
ton was taken from the Georgia law, and
that the Georgia supreme court had
interpreted as only affording proper pro-
| lection against unjust rates
"The People Will Rule"
Secretary of State Frank N. Julian,
who is an old newspaper man, keeps well
IN with the politics of the country lie
is an admirer of Mr.. Bryan and thinks
the latter will have a fine chance TO WIN
in the campaign now pending. Inc
democratic ticket would sweep the coun-
try If the election were held next tues
day." said Mr. Julian today. 1T is also
NV opinion that the conditions will also
he as agreeable to its success on NO
vember g."
Continuing. Mr. Julian said THE peo-
ple will rule. Never in the history OF
the democratic party-the party OF the
people-has such united front been pre-
sented. Conditions in New York are most
favorable Hill, Murphy, Parker ano
Corners are working for the success OF
the ticket The state ticket in the EN-
pire state is winner, and this means
| that the national ticket will receive a
magnificent majority.
while / was in the northwest recently
| the talk was all for Bryan. Bryan BAN
ners and lithos were everywhere and the
people are thoroughly aroused. l beileve
Kansas, California and Indiana are safeiy
democratic this year. These states, with
New York, will assure the election OF
! the democratic ticket. Ohio is debatable
ground and the state ticket, headed by
that sterling democratic, Judson Harmon,
will be elected.
THE people will rule, RELOCATING the
trusts and their representatives to the
shade Of innocuous desuetude.
Money for Old Soldiers.
The pensions for old Confederates for
| the quarter just ending amounted to S25i,-
| 4O3 80, a gain. over the preceding three
| months of 81, $50 so. There were T,32s
| pensioners, some less than before, but the
| amounts allowed by the legislature
| brought the total for the few higher than
| the total for the larger number. For the
| same quarter of 1907 the number was IL,
| s5e and the cost of $225, 1903. The in
| creased cost grew out of the fact that
all pensioners over so were put on the
| first-class list.
Brandon to Speak.
Gen. William w. Brandon, state audi
, tor. has been called to Missouri to make
| speeches for the national democracy. He
! will begin on October / and take up sew
| eral days. General Brandon was asked to
| go to New York some days ago. but was
| not able to do so because of pressing bus
| mess General Brandon has had much
| experience in this kind of work. He is
| one of the old-time campaigners and has
| frequently been called upon by the ma
| tional committee
Old Insurance Company.
| The Union Insurance company Of PHIL
adelphia has entered the state. This COM
pany was organized in 1904, and has been
1t has $79, $50 insurance in force.
Big Plant Nearly Ready.
The plant of the Germofert Fertilizer
company. near the city, will soon be at
work with output Of 100000 tons a
year. A contract has been made with the
Montgomery Light and Water Power
company for 750-horse power electric ser
vice. The machinery is on the ground
and will soon be in place. 1t is anticipated
that work will begin next month.
Cotton Is Bad.
Commissioner of Agriculture J. A. Will
kinson says that cotton is in bad shape
in many of the counties. I'm the counties
where | have visited this week." he said.
81 have been told that the crops are bad
and that the farmers could have made
more money by putting their time and en-
ergy into something else. The short crop
and the low prices have had bad effect,
and the tilers of the soil are in bad hui
NOR in every way