The brief prepared for submission
by Mr. White in the case called at
tention to the development of the
port of Mobile authorized by the re
cent legislature ana urgea uns as a
reason against erecting any Trade
barrier detrimental to SMobile. The
petition stated on this subject:
'‘Under section 93 of the constitu
tion of Alabama, as amended by the
amendment adopted at the November
election in 1922, and under the act of
the legislature of Alabama approved
September 18, 1923, enacted pursu
ant to and to give effect to said
Section 93 of the Constitution of Ala
bama as amended, the state of Ala
bama has entered upon the work of
developing, constructing, maintain
ing and operating greatly improved
harbor and seaport facilities at the
port of Mobile and has provifleM for
said purposes for an expenditure of
much as $10,000,000 for the pur
pose of improving and enlarging said
! facilities in the interest of aiding
and increasing commerce, Intrastate,
interstate and foreign import and ex
port, into, out of and through the
said port of Mobile, which said im
proved port facilities petitioner avers
will be of great value to and will
greatly facilitate all such commerce
aforesaid. And petitioner avers that
it is not in the public interest, but,
on the Contrary, that it will be op
posed to the public interest of the
state of Alabama and of- all such
commerce aforesaid, for the inter
state commerce commission to take
any such action in this proceeding as
is reasonably calculated to erect any
barrier in tlie way of the free flow
of all such commerce, s#ate, fnTrf^tate
and foreign, into out of, and through
such port of Mobile: and petitioner
submits that it is in the public inter
est and in the intorest of all such
commerce that such action as is taken
by the interstate commerce commis
sion in this cause should be taken
so as fully to protect the interests of,
said port of Mobile and so as to pro
vide for the free flow of all such
contn.erce, into, out of and through
said port of Mobile.
