The Montgomery advertiser., 1909-04-07
| senate and a Houss of Rspr.esnta.

q Senate and House of Repressnta-
 Section PAS provides that ..the pow srss CT and authority of rssu,asaps rfarGea ,h ,c eating and building of passsnEer and freight depots, forrecttng. ebuses, pre- venting unjust discrimination and ex-
 Ss Ss0n .s ssd of fsasd sn ss9 tariffs. are hereby confsrred upon the Legislature. ywhose duty 1t shall be to pass laws from time to tims reEu- to prabSiss assiisns an3uas anf on the various railroads. canals and rivers of the State. and to prohibit fhe charg- ing of other than just and reasonable rates rs. and ,s,a enforce the same by ade-
 The first section of the act of August 3. 1907. 10 as follows:
 That in all cases where any ciessi- of freieht or any maximum rates or charges. for the transportation of pas sengers CT freight over any railroad In tsis state have been or may ssrsaatsr 1fs vailing rates or charges for such transportation have been, or may here after be. by statute made the maxi nommissen Of of ssl sf have sns power and is hereby authorized to change such ciAssihcations and such rates or charges. 6r any of them, from Judgment. render 1t expedfent or prop CT 50 to do. whether the effect of such change be to increase or to reduce any of such rates or charges, and to estab- thereof any new cisssincation or rate or charge which 1t may deem reason able and proper. and the ciassihcations. rates or ch,rges % estanileinsa snons sin. py .ss M or charrea until further changod by said Railroad Commission" General Acts of Alabama, 1907. D.. I'll.
 Tns5s sns a: snsas ss rsS group General Acts of Alabama, Special Ses- sion, 1907, pages 91-163.
 It is contended by the appeliees that Railroad S commission to nx and change rates are void as an attempt to dele gate to the commission legislative power over rates ... grant of legislative power to do cor tain thing carries with 1t the power to use all proper and necessary means to
 The Legislature in Alabama, under the Constitution. has regular sessions every four years. which are to con. tinue only fifty days. 1t would not be possible, without the introduction .m or for 1t to properly exercise the power of Regulating rates conferred on it by the State Constitution. It fsstrue that tive i, in it's nature. Yet it seems well settled now that the creation of com mission, with power to fix rates is nos an unconstitutionai delegation of legis- latiye power It was held in Georgia, where the constitutional provision is similar to the one quoted from the Al abarna Constitution, that, although the Legislature itself could nx the rates: !. road commission and to confer on II the authority to prescribe and change rates from time to time as changed condition might justify or sI,stS redrirs; e; aI., 70 Ga. SEA: Chicago B. and Q. R. R. Co vs. Jones. l49, III, 361. Chicago & N. W. Ky. Go. J1s. Dey, ct al, S6 Fed. for we do not cite. for we understand that. to this extent. counsel on both sides are agreed The contention of sss 1nR D1s.csea ii shas rsss .ae or tmum rates, 1t could not by previous or subsequent statutes authorize the Railroad Commission to change them. could confer on the Commission the power to fix rates, or that the Lsegis- iature could, if 1t chose, when practi- cable. fix them itself The contention enactment, power cannot be conferred on the commission to change or repeal the law. That may be conceded to pc true as a general proposition; If the permanent fates, without in the same or some previous act conferrfng au- thority on the commission to regulate Se changed or repealed % by % the LeEis- lature itself. But, looking at the acts fn question and the other Legislation relating to this subject. 1t is plain that the Legislature has not intended. and did not fix. the rates as permanent rates. It was not intended to fix rates to last four years--from one meeting of the Legislature to another. The intention was--and the statutes. we think. show it-that rates were stated in the act to stand till conditions made it expedient and proper for the commission to change them. Lookin g at the system of laws on this subject, the intent of the lawmakers is clear. But aside from that, we find in tho letteE-lof the law sentences pointing the same way. Rates are prescribed until otherwise provided by order of the Railroad Commission" The com mission. from the time. of It's creation. had the power to reduce rates. and when the Legislature fixed msximum or other rates. 1t knew of this power of the commission. and did not repeal 1t. We think the Legislature nsu the power to confer the authority in ques- ton on the commission. Saratoga
 
 lsi N. Y. 12s, Whether established directly by legislative action or by the commission. the rates are always subject to the limitations of both the the hold that the Legislature could not confer on the commission the power in question would either deprive the Legislature of the right to make rates by direct act. or deprive the commis- sion of the power to regulate them. This ,wouid not be sound, for. asT q question~o of power. they may be regu- lated by either the Legislature or the commission.
 We regret that the Supreme Court of Alabama has not had occasion to pass on the question of the eonstitu- struction of the Constitution and stat utes of that State would be followed by this court. In advance of de- cision by the Supreme Court of Ala bama to that effect. we would be very reilictant to strike down the acts as void. Every statute Is presumed to be constitutional until the contrary Is made clearly to appear. When there Is a doubt as to the validity