The Montgomery advertiser., 1908-03-30

the haftroa0 Commission or A1abama shall have the power and is hereby autporized to change such classifieat- ions and such rates or charges, or any of them, from time to time as cond.t- pedient ped or proper p SO to do. whether the M effects of such changes be to increa SC or 10 reduce any or such rates or charges, and to establish and order to be put in force In lieu thereof any new classification or rate or charge which 1t may deem reasonable and proper; and the considerations. rates or charges fSl ciassifcstion. rates % or SSarEes cS e 'Im un- commission" Like power is given as
 'ns sets Issn and as shs mes n Acts These statutes neither pre- scribe nor define the conditions" upon
 which changes in the rates may be ascertalns these conditions and deems lt expedient" to change rates from lime to time. what the changes shall be ,sis either in nature or extent All these to the view they take Of any matters which. in their judgment enter into ebs she conoitl9ns sss sn which will render the Legislative power has been atsempted
 to be delesafed to the conasnissIon, ss te the changes sf statutory rates and eiassffcatfons
 AV. The will of legislators never becomes the law under Our institutions
 unless expressed in the mode and form tne !s, oonstit9tion commands. The leg isiature m framing statute may pro- vide Tor It's unchanged operation until IS repealed. or 1t may consider the eontingencies which may happen after change of the commands 1t imposes in view of the happening of those contin- sencies, upon which the 1aw-maker nimseif pl.a declares what the law shall be-
 but whatever the designs of the law maker. 2 statute. in order to ripen in 70 laW must always be a perfect e2prsession en res of the Legislative, will. up- deals. as 1t leaves the hands of inc iaw-making power. When the iegisla- tnre declares it's will as to various con ssiang,eneies ,s, # may lawfully make the nrst instance. or its suspension or ab- rogat.on afterwards, and the substftu- ton of some other law, depend upon state of facts by an executive officer. Put 70 be perfect expression of the iegislative will as to these matters. rrs nre.ctst stsaiats itseIf must ascertain or stitute the conditions or continrcncy upon wh.ch the change may be made. ana what change shall be effected in 1 is ascertaIned. Under d statute so framed. the legislature has delegated nS t,s,t teElslative authority to the execu- | caAtSOA- tAh 1do StIARAY m800 use or his services to ascertain a state of Iacts. upon the ascertainment of which me leg.slatur itself declares it's own luogment as what the law shall be un- tingency upon which the change shall t9ke place in the operation of the law must De a state of facts, which the res,siature rsny & either ascsrtains in SO | by general definition, and iIpon fhe happening of which state of facts. the legislature, and not some other power. form the opinion and judgment that it IS expedient and proper to change the operation of the law. The propriety and expediency of changing a law is ton commits exclusively to the opin- ion and Jurgment of the legislature, and 1t must express its own judgment in the statute as to these questions. statute depend upon tho opinion of l some officer to the wisdom of .
 change. If the opinion or judgment of pening of some undefined event, the nature and effect of which IS left to the official. is to determine whether IS the opinion and Judgment of the officer as to the expediency of change, and not the opinion and judgment of tile law making power, which effects l the changes. The statute here makes i the expediency and proprsety of a change which the sta tutes direct to be made when the Officer so determines | depends solely upon the discretion and l judgment of an executive officer, and not upon the happening of a state of facts upon which the legislature It. self has passed its Jurgment and ut tered its commands. The statutes in l that power are neither more nor less 1 than legislative declaration that there
 shall be change. because an executive officer deems 1t expedient, and that be- cause the executive officer has so de- | termined. that thereafter the Legislative
 will shall be changed in the future op-
 eration of the law, as the executive of ficer sees it to mould the law. This | is nothing more nor less than the en-
 tire abdication of the duty of the leg
 and propriety of a change and to de- | clare its will as the nature and extent I to which those changes shall go. The | distance of what the legislature says | this: The legislature Itself has all | ready determined, in each of the In-
 stances named in the statute, what | constitutes fair and just rates, and
 classifications. and has made them a
 part of the law of the land. Neverthe- | less. if for. any cause, of which we
 make you the sole judge. you deem il
 expedient to make a change, you may
 shift. change and alter these rates and | classsfications from time to time. sub
 hitting your Judgment and will fol 1 ours, and what you do. or whatever
 changes you deem proper, shall become l part of the law of the land, and vio.
 lations of your law shall be punished
 just as though, the legislature itself
 had acted on the matters upon wh ich
 you acted" What matters may enter into the conditions which may rem der t "expedient and proper" to change
 the operation of the law? The statute
 does not give any guide for ascertain
 ing these matters. and not knowing
 what the officers deems to be "condi-
 tions,'' the legislature, of course, car l have no means of forming or declaring
 an opinion as to 1t.
 The court has struggled hard to find
 some way. consistent with obedience
 to the constitution. to avoid the con
 sequence and invonvencience, public
 and private, which must follow from