The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-17

that decision was not assigned as error.
Like rulings have been made involving
telegraph companies. and although 1t IS
important to the welfare OF the state
that the question should be settled speed
ily, no appeal has yet been taken In
those cases. Most people were shocked
at the passage of the statute which out
lawed the carriers and prevented them
from taking the ordinary police precau-
tons at stations to protect the lives and
limbs of passengers and safeguard the
public, because the carriers had not OBJ
served other statutes Everybody vino
loves his fellow man was gratified that 1t
was stricken down. 1t has since been
repealed.
THE extraordinary penalties were de-
clared unconstitutional. They were I'M
constitutional under decisions of the SUI
preme court, made before and since that
statute was knocked out Any young
graduate from the University Law school
knows that the legislature cannot exer-
else judicial power and compel a court
to set aside or disregard a former decIs-
ion IN the same matter, because the state
lends Its name to a sutton TO enable him
to bring suit TO renew the same conten-
ton. Since the Minnesota and North
Carolina cases. at least. no one now ques-
lions the rightfulness of the decision rem
dered by me to prevent civil suits or
criminal proceedings against carriers in
other courts. to test rates pending
final hearing in the court first obtaining
jurisdiction, is in no sense a suit against
the state. or in any way offensive to its
dignity, or invasive Of its Just rights
regarding local affairs or otherwise.
The governor does not fully appreciate
the intelligence OF the people II he thinks
that there is any feeling other than that
of qualification that these statutes met
the fate which befen them.
Comparisons Based on Foundations of
Sand.
'grhe governor insinuates, though he
does not directly say so, that the judge
on two occasions, years before he be-
came Judge, had expressed an opinion
upon the 'reasonableness Of the rates
like those before the court. The in
stances that he cites is that the Judge, in
common with a majority Of the legisla-
ture in 1884, voted against the bills Cap
tain Bragg had introduced-not prescrib-
ing particular rates, but to enlarge the
powers Of the commission, the real pur-
pose of the statutes being to enable the
commission TO effect a change in certain
interstate rates from points in Georgia
and elsewhere which operated harshly
upon OpelilSa and Union Springs. I was
convinced the state could not directly or
indirectly regulate interstate commerce.
Moreover, some of the features of the
bill were extremely tyrannical and harsh.
and the adoption Of the bills would have
gone a long way to check the develop
ment Of our state by the railroads, which
at that time had just begun to reach
full tide.
Railroads in Hands of Receivers.
1.-The other instance was while I was
governor, in 1S90-1S94.' Governor Conner
asked executive influence in the passage
of bills which he had framed. giving
power to 'equalize freight rates and pre-
vent discrimination. recall but one
interview with him on the subject during
that period. I was engrossed on meas
ures to preserve the credit OF the state,
which was greatly strained by laws re-
ducing the rate of taxation and increas-
ing the appropriations, which took effect
during the first years OF my administra-
tion and threatened a deficit. and subse-
quently by the difficulty Of getting money
for public needs in the panic and quelling
disorder of vast proportions. l do not
recall a single individual during all these
years, save Governor Conner, who ever
preached the subject of railroad regula-
ton to me. l then stated substantially
that he could present the questions to the
general assembly without any suggestion
either way from me, stating however
that many of the railroads were having
a hard time to keep out of the hands of
receivers, and I did not think It an OPP
perfume occasion to pass laws which
might entirely destroy their credit and
drive more of them into bankruptcy. The
railroad commissions reports show during
the period to which the governor refers
that the following roads were In the
hands of receivers The East and West
Railroad of Alabama, the Richmond and
Danville. which operated the Georgia Pa
cihc railway; the Mobile and Girard, the
Montgomery and Eufaula railway, the
Savannah and Western railway, and the
Savannah, Americas and Montgomery
railway. II was a work of great diff
Guilty for the state during this period to
get even the taxes out OF most of them.
In 1898 the country passed through the
same distress and panic as befell the rail-
roads and people in Alabama in 19c7-OS.
Surely the governor has not such
small opinion of the intelligence of his
people as to believe that my action at
that time was any indication or forerun-
ner of opinion as to the reasonableness
of rates IA years after the occurrences
to which he calls attention under vastly
different conditions He certainly knows
that the business of rates depends almost
entirely upon the value of railway prop
erty, the volume of business and tine con-
ditions of traffic at the time, and that
rates which may be just at one time nre
entirely unjust at another, under differ
eDt COnQltlOnS. nevertheless, ne speaks
of the present freight rates and insists
as to the occasions cited that Judge
Jones twice before passed adversely on
this question: meaning, of course, the
reasonableness of the present freight
rates.
No Political Relations With L. & NJ.
1T never at any time conferred with
the authorities of the Louisville and
Nashville Railroad company or asked
their advice whether I would enter poll
tics. I was my own master and did as
] pleased about such matters. In 1884
despite the cry of environment altho Ugh
there were 10 good citizens who were
candidates for election to the legislature,
/ had the honor of being the only candf-
date nominated under the two-thirds rule
on the first ballot. At the next election
the cry of railroad attorney was used
by the other aspirants. + never left nv
office or personally solicited votes. but
issued an address to rhe people Of Mont
gomery county discussing the matter.
which concluded in these words: IF I
have never truckled to power nor been
actuated by selfish greed, and have been
faithful in the discharge of public duty.
and demanded myself uprghtly and
honorably in private walks. ! have no
fear that the good people vf this county
will degrade me because of any calling, or
nlistrust my fidelity to them because I
am not ashamed of my occupation l 60
not desire the vote of any nan who be-
lieves # he were in my place that per-
sonal considerations would induce him to
violate the sanctity of an oath and be-
tray his people The answer was my
election BY nearly four-fifths of the entire
vote In the primaries under the so-caiicd
Nichols plan, under which ths voters
voted directly for the candidate as a
40, 30 al atro@ ae