The Birmingham age-herald., 1923-11-11
EXPECTED TO TAKE
 PART IN CAMP PAIGN
Carriers Believed To Be PIan- hing Fight To Maintain
 Gains Already Won
STATE CAPITAL BUREAU 1l
 THE AGE-HERAI.D Mout1onery. Ala. Nov. 10


 What part will the railroads take in the campaign which will soon be- gin In Alabama and will end with the democratic primary in May? Since the memorable closing days of the legislature this question has be- come an important one in political circles There is talk that represen- tatives of the railroads will seek to play an important part in the election and maintain the position which they were able to create for themselves in public affairs when they defeated the burden of proof bill during the last days of the legislature in September. The burden of proof bill probably will come to the front in the cam paign. When minority of the house succeeded in defeating 1t by prevent ing it's being made a special order in the house, the declaration was made that the last word had not been said haunt those who joined the organized minority
 Issue Becomes Important One.
 The issue between the railroads and the people became an important one with the burden of proof bill. This bill was intended to place upon the railroads the burden of justifying their rates when they were brought before the public service commission either by petition or citation. The issue was raised by the railroads in the general rate investigation when Nelson Proctor, commerce counsel of the Louisville and Nashville railroad, presented a brief and oral argument in support of his contention that all rates now in effect in Alabama are presumed to be correct since they received the approval of the public service commission and that the bur nf nxysd fa clN, that other rates should be established was upon the petitioners and not upon the railroads.
 The public service commission con tended that the burden should be upon the railroads since they were in ter able to establish the equity of rates in existence than were ship pers to establish the equity of other rates.
 Daily Appeals In Vain.
 This bill went to the house from the judiciary committee by a heavy calendar. Its position was far down the list of bills. As the end of the session approached an effort was made to place the measure on the special order calendar. The rules committee of the house was asked to
 
 Here the fight began. The committee declined to make the report. Day by day new appeals were made, but they fell upon deaf ears. Representatives W. H. Holcombe of Mobile and c. W. Ashcraft of LauderdaIe were the only members of the rules committee who voted to make the measure a special order.
 The rules committee was composed of Speaker Hugh D. Merrill of Call houn, Alfred M. Tunstall of Hale. c. w Ashcraft of Lauderdale, Jacob of Tuscaloosa, Fred Fite of Jeffer- son, Frank B. Embry of St. Clair, Tyler Goodwin of Montgomery and William H. Holcombe of Mobile.
 O c O
 Further Connection Alleged.
 It was quite frequently charged that majority of the rules com mittee were possessors of railroad passes, indicating connection with the railroads. However, only one member of the committee openly ad- mitted his connection. This member was MT. Werner, who made a speech in the house in which he admitted that he was a member of the board of directors of the southern railroad and had attended & meeting of the board since he became a member of the legislature. He contended that his membership on the railroad board of directors did not prevent his serv- ice s representative of Tuscaloosa county.
 Speaker Merrill was a circuit judge until few years ago, when he re- tired to practice law at Anniston. He has been connected with a large number of cases. It was not devel- oped during the session whether or not he is retained as counsel for any railroad.
 Representative Tunstall has been member of the legislature for many years, He was for 8 great many years local counsel for the Southern railroad at Greensboro.
 MT. Walker is local cot nsel for railroads at Opelika, Lee county.
 Mir. Werner admitted he was a member of the board of directors of the Southern railroad.
 Representative Fite of Jefferson, insofar as is known, has no connec- tion with any railroad.
 O O O
 Admitted Possessing Pass.
 Representative Frank .. Embry Of St. Clair made no secret of the fact that he possessed and used & railroad pass. Representative Goodwin of Mont gomery is a member of a law firm here but is not recorded as counsel for any railroad.
 Representative Holcombe has no railroad connection.
 | When the rules committee declined to make the burden of proof bill a special order the issue was carried to (COntinued on Following PaKel
 
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