The Birmingham age-herald., 1920-05-01
Sam P Kennedys Neglect and Miserable Failure to Do Jus tice to Farmers Manufacturers and Distributors
 of Alabam& and Atticus Mullins Attempt Cover Up This Neglect By Ridc ulous Statements Evidently Hoping to Msead
 Voters of Alabama

investigation by the Commission shall he deemed a part of the office expense of the Commission within the meaning of Section 5 of this Act.
 The Act of Sept. 25th, 1915 (See Acts l l9l5 page 865) under which act the name of the Railroad Commission of Alabama was changed to the Public i Service Commission provides that That the name of the Railroad Com mission of Alabama is hereby changed to the Alabama Public Service Com mission,' that all the rights, authority. l bowers, duties, privileges, and juris- diction of the Railroad Commission of Alabama are hereby expressly con- ferred upon the Alabama Public Sery- ice Commission as full as so named in any laws of this state; that all actions 1 and proceedings now or hereaftes pend ing in the name of the Railroad Com- mission shall survive; and be con- t'nued and prosecuted by and in the name of the Alabama Public Service com mm1ssron; and that no rights, priv ileGes, or appropriations granted to or l made in behalf of the Railroad Com | mission of Alabama shall merge, lapse. or De lost by reason of such change cOu1efred. tranR- ferred and imposed upon the Alabama Public Service Commission"
 It would seem to me that in tbe light of the above quoted acts of the | legislature, 1t is not only the right oI the Alabama Public Service Commits slon to apply to the Interstate Com merce Commission for relief instances where Alabama shippers are being un- Justly and unlawfully discriminated but that 1t Is their duty to do so, and adequate provisions to defray the ex- penses or such proceedings are made l In the Statutes. It is clear that the Commission is not burdened by these extraordinary expenditures, as it is ex- pressly provided that they are to be paid out of the State Treasury on war rant of the Governor and are not to be charged to the expense of this of- l flee.
 All Of the Acts above quoted are still in force, though some of the sections If the Act of February 1907 have been re- J peaied, but these sections all treat with the power of the Attorney General and the Commission to interfere with or to enforce the Statute made rates. ] which we made under the Act of March 2d, 1907 and repealed by the Act oi Nov. 25d. 1907. call attention to this to show you that the Legislature | | 1t taken away from the Commission power to protect the shippers and pub- ] lic of Alabama. from unjust and un- law1ul discriminations or from apply Ing to the Interstate Commerce Com ruission when the Transportation Com panies engaged in doing business in this state were guilty of violating the | Act to Regulate Commerce. In my opinlon the Commission can and should n In ~ nussion directly and by intervention. when the facts and circumstances jus tlry action in behalf of the Alabama shippers and the General Public of ! Alabama.
 1 (signed) BERNARD LOBMAN, ] General Council i Approved-correct:
 ] J. Lee Holloway. Attorney: Weil-Stakely & vardam man, Attorneys. MEMORANDUM
 AAct providing for the Expenditures of the Railroad Commission of Ala ana.
 Ntion l. Be it enacted bv the 1,er or Alabama, that Section of or the Legislature of Alabama An act to create Railroad on of Alabama, define its du- 'ovide for its mode of pro- prescribe penalties for vio-
 orders. approved Feb. 23d.
 1ded so as to read as fol-
 The President of such
 nall receive a salary of
 dred dollars per annum.
 'mploy a clerk or secre-
 not exceeding twenty-
 iollars, and stenog-
 sry, not exceeding fif-
 and may employ
 v. be necessary
 may require
 amount ex-
 shall not
 ear. such
 salaries
 money
 this
 " be
 ture
 ice
 "
 at
 Service
 sar.
 secre-
 for each
 clerk and
 ice Com
 xpert help
 ion. 5000
 iic Service
 wear
 ichard N.