e 



ALABAMA. 



that the matter ought to be investigated, the 

 commission >h;dl forthwith furnish to the person 

 or corporation operating the railroad a copy 

 of the complaint, together with notice that, at 

 a time and place stated in the notice, the tariff 

 as to said items will he revised by the commis- 

 sion ; and at such time and place it shall be the 

 duty of the commission to hear the parties to 

 the controversy or by counsel, and such evi- 

 dence as may be offered, oral or in writing, 

 and may examine witnesses on oath, conform- 

 ing to the mode of proceedings, as nearly as 

 may be convenient, required of arbitrators, 

 giving such time and latitude to each side, 

 and regulating the opening and conclusion of 

 any argument, as the commission may con- 

 sider best adapted to arrive at the truth ; and 

 when the hearing is concluded, the commission 

 shall give notice of any changes deemed proper 

 by them to be made, to the person or corpora- 

 tion operating the railroad. 



The serious nature of the litigation against 

 railroads, nnder a complaint of extortion, is 

 such that those best informed on the subject 

 admit that, if the roads were subject to it unre- 

 strained, it would effectually destroy the value 

 of their property. The act, therefore, seeks to 

 provide a proper measure of protection to the 

 railroads by authorizing them to submit their 

 tariffs to the commission, and when such tar- 

 iffs have been conformed to what, in the judg- 

 ment of the commission, is the measure of just 

 compensation, without unjust discrimination, 

 the commission shall approve them. This ap- 

 proval by the commission does not make the 

 tariff thus approved absolutely binding, either 

 on the public or the railroads ; but it so far 

 protects the railroads as to relieve them while 

 acting under such approved tariff from all 

 liability except for actual damage, and gives 

 them the right, if successful in a suit for extor- 

 tion in respect to such charges, to recover a 

 lawyer's fee from the plaintiff, and the ap- 

 proval of the commission is prima facie evidence 

 In behalf of the railroad that the tariff is not 

 extortionate. 



The object and effect of these provisions are 

 to leave it to a jury to determine in the last 

 resort what is just between the people and the 

 railroads. The railroads, in so far as they are 

 private property, are entitled to the same meas- 

 ure of protection precisely as other property ; 

 and, in so far as they are public highways, the 

 right of the public to use them is equally sacred. 

 These respective rights, of the success of the 

 railroad on the one hand, and of the public on 

 the other, meet at just compensation, without 

 unjust discrimination, for the service rendered 

 in transportation. Whenever the railroads are 

 required to transfer freight or passengers for 

 less than just compensation, the rights of the 

 owners of the railroads are violated ; and, on 

 the other hand, when the railroads charge 

 more than just compensation, or make any 

 unjust discrimination in transportation, they 

 trespass upon the rights of the public. The 



trouble is, to determine what is just compen- 

 sation or unjust discrimination. 



The Legislature has the power to determine 

 this matter by positive statute, as is done in 

 the case of mills grinding for toll, ferries, toll- 

 bridges, turnpikes, and the like ; but the varia- 

 tions in the measure of just compensation, and 

 not unjust discrimination, in railroad transpor- 

 tation, render the exercise of this power of 

 fixing rates by positive statute impracticable. 



It was made the duty of county health 

 hoards to supervise the public health, and 

 through their health officer to collect full vital 

 statistics of their county. 



A tramp was defined to be any person who 

 goes from place to place or house to house, 

 begging or demanding food, raiment, lodging, 

 or other thing of value, without employment 

 or other visible means of support. It was 

 further provided that the act of begging, or 

 vagrancy, by any person having no known 

 residence within this State, shall be prima 

 facie evidence that the person committing the 

 same is a tramp. 



As a punishment, or rather to exclude them 

 from the State, it was provided that any per- 

 son convicted of being a tramp shall be fined 

 for the first offense not less than fifty nor more 

 thantwo hundred dollars, andshall be sentenced 

 to hard labor for the county for not less than 

 six nor more than twelve months, and, on a 

 second conviction for such offense, shall be 

 fined not less than one hundred nor more than 

 five hundred dollars, and sentenced to hard 

 labor for the county not less than one nor more 

 than two years ; and for each subsequent con- 

 viction shall be fined and sentenced as for the 

 second conviction. 



The act for the apportionment of representa- 

 tives made a small change in only four coun- 

 ties, which merely gained or lost a member. 

 The number of representatives is one hun- 

 dred. 



There were 996 bills introduced in the 

 House, of which 221 became laws, and one was 

 vetoed by the Governor. 



In the Senate there were about 460 bills and 

 petitions introduced, 129 of which became 

 laws. 



It will be seen that there were some 1,456 

 bills introduced, and only 350, or not quite 

 one fourth, were enacted into laws. Some 

 failed for want of time to consider them, while 

 others were defeated in one branch or the 

 other of the Legislature. 



Of the laws passed, forty-four are general, 

 fifty-four are amendments of the Code of 1876, 

 and the remainder are local or special in their 

 nature, including sixty 'acts for the prevention 

 or regulation of the sale of spirituous liquors. 

 The adjournment took place early in the month 

 of March. 



The latest report of the condition of the 

 Educational Department is for 1880. The total 

 revenue for the year was $397,465.35 the 

 largest items being the annual appropriation of 



