The Birmingham age-herald., 1911-11-23
Have Been Potent Factor

a potent factor in the life of the people, In its essence the railroad rate is a tax on the public. It Is a tax on all we eat, consume or wear; upon the homes in which we live; upon all the imple- ments of trade commerce and agricul- ture. It is a tax which is not imposed by the government or the state but by pri- vate individuals or corporations, exercis- ing part of the sovereign power of the government, engaged in public enterprises and performing the functions of the state. Uron the right to levy taxes, which re- sides in the state or federal government, every constitution has imposed in the interests of the people limitations upon it's exercise. If the sovereign power is itself limited in raising revenue from the people for the manifold purposes of the public welfare, if would be strange in- deed if that same sovereign power can be denied the right to limit to necessary maintenance and a fair and just return the rate of the most universal and all prevailing axation-that which. though levied by power created through it's own fiat. touches all classes of the people, and while exercising public functions and armed with the right of eminent domain, is nevertheless operated by private persons for private gain. To deny to state the right to regulate railroad rates on intra- state shipments would be to enthrone the railroad above the state or any other power, expose it's citizens to an unre- strained and unlimited taxation for pri- vste gain and involve the destruction of sovereignty.
 Looking broadly to the general in- terests of society I do not hesitate to affirm that it would be better even for the railroads to have unjust laws if there were no other alternative, than to have the right of the state to regulate it's internal affairs in this regard impaired or utterly destroyed.
 Interests Bound Together
 ''The interests of the state, the rail roads and the people are necessarily bound together and should never be antagonis- tic. There may be periods of the domi- nance of the one interest or the other in the lawmaking body, followed by op- presson on the one hand or the other but with the seat of power in the state, the growing recognition on all sides and ly all interests of their mutual inter- dependence on the prosperity of each, would result in permanent policy en-
 forced by the laws through the opera
 ton of which each would be not a hin- derer, not an oppressor. but a continu- ing contributor to the opportunities of the other No state approaching the subject in that spirit in which all leg | islation should be born could afford to l impose unreasonable laws. The legisla- t1re Of every state in enacting laws on 1 this important subject should approach 1 the discharge of such duty with minds as free from bias or prejudice With con sciences as much bound together by the | solemnity of an oath and in an atmos- phere as free from Improper influences IS that in which these laws ought to 1 be construed and enforced.
 Laws of Ancient Times
 = In all ages, among every civilized peo- | pie no question has been more important
 than that of transportation. No indus 1 trial progress is possible without cheap and easy modes of personal locomotion and property transportation, and the more
 numerous these become the more rapidly
 is industrial development furthered un- | iess the tax they levy destroys gain or | wthers hope and effort And in every age the necessity of a governmental con- l trol of rates has been recognized ana applied. Only recently antiquaries were
 delighted and students of public affairs