The Birmingham age-herald., 1909-04-08
THE COMMISSION MUST MAKE RATES Such Seems To Be Effect of
 Courts Decision REFUND TO oVERCHARGES Roads Are Liable at Once for Differ ence In Old and New Rates-Po-
 litcaI Aspect Is Arous-
 ing Interest.
REFUND TO OVERCHARGES

Montgomery, April Special Ut appears to be a fact that the decision
 of the federal court of appeals in the Alabama rate cases establishes the right of the railroad commission to make and enforce rates on the rail-
 roads of the state. It Is held In the opinion that the legislature, having
 the right to make rates, has the right
 to delegate that right to an estab- lished and legally constituted body,
 such as the railroad commission cer-
 tainly is.
 The effect is that the said commits
 sion can get busy now and put into eff fect-and the roads will have to try
 them-such rates and regulations as seem to be within reason and not in- l furious to the traffic lines. The result,
 therefore, Is two-fold with regard to the
 commission. It Is established as legal
 rate-making body and It's hands are un-
 tied so it can make rates. And what is
 much more important, there are about right to practice.
 l Incidental to this feature of the
 case is the fact also that the rates may
 be enjoined, but following the decis-
 ion of the court of appeals, in the state
 courts. The state law provides a way
 for such injunction in the state courts
 and the court indicates that any other
 way of bringing action is bad business. ] The fact also is that while the injunc-
 tion is to be dissolved there are to be ] no penalties, the court having held tn at 1 feature of the act In statu quo. But 1 the difference between the state rate
 and the rates charged must be re- l funded.
 | The refuding of the excess charge
 over the 21s cent passenger rate and
 the 110-commodity rate becomes nec-
 essary under the agreement on the is-
 suance of the mandate dissolving the 1 injunctions. To quote: Now should said restraining order be dissolved or vacated, as having been wrongfully
 issued then said above bound :
 en company shall pay or cause to be paid all loss or damage in cluding overchage or excess rates on 1 charges" etc. Thus 1t is that the re-
 funding must begin at once, not on the
 discovery of the reasonableness of the
 rates.
 The railroads have 20 days to file l application for rehearing and there can
 elanse 21 days between the time of tn e 1 decision and the issuance of the man
 date by the court at Montgomery. At l 1aac
 will not ask a rehearing. It is thought the others will take the same view. Such move will mean only delay. Political Aspect.
 The political aspect of the decision in l the rate cases is one that is now at 1 tracting attention. It certainly gives Gov. B. B. Conner a new hold on the people, as the court has upheld almost all of his contentious. It is a great boost to the ambitions of Judge S. D. Weakley, whatever they may be, and it adds lustre to the services of Alex l ander M. Garber, the attorney general, in the conduct of the states cases, and to those of the gentlemen who were as- sociated with him.
 Wise men say that if Weakley should run for governor he will have a fine backing, as would be the case with
 any othe man. It Is likewise said that Garber Is put well into the limelight for the executive head of the state. It
 has the effect of giving H. c. Selh heimer of associate counsel a fine boost for su-
 preme court honors. In fact there is
 not a man engaged in the litigation who Is not brought much into favor able light by the result. Therefore tn @ gossips say Governor Conner is going to be hard to beat for the Senate next time.
 Negro Teachers Meet. The Alabama State Teachers asso- citation is in session at the state nor nal school for negroes in this city with J. R. E. Lee of the Tusk egee institute, president, in the chair. The opening session Wednesday night was graced by the presence of State Superintendent of Education H. C. Gunnels, who made an address of encouragement to the teachers present. A feature of the first evening was the arrival of a car load of teachers from the Tuskegee school. O. J. Kern of Rockford, Ill.,. delivered an illustrated address.
 Fertilizer Combination. The organization of the Buffalo Fer tilizer company in this city, with T. C.. Meadows of New York president, means the combination of many other south ern plants, it Is thought. The capital stock is nominal, being only $100,00 with one-fourth that amount paid in. Auth ority Is given to take in mills In other states, which is the meat in tn coconut. W. A. Gayle of Montgomery is the secretary and treasurer The one mill the Germofert, held in Mont gomery, is worth half a million dol