Alabama Constitution Section 103 - Regulation, etc., of common carriers, partnerships, associations, trusts, monopolies and combinations of capital.
Alabama Constitution – Section 103: Regulation of Common Carriers, Partnerships, Associations, Trusts, Monopolies, and Combinations of Capital
📜 Text of Section 103:
"The legislature shall pass laws to correct abuses and prevent unjust discrimination and excessive charges by common carriers, and shall provide for the enforcement of such laws by adequate penalties and remedies; and laws shall be passed to correct abuses and to prevent unjust discrimination and excessive charges by persons, corporations, partnerships or associations engaged in the transportation of passengers or freight, or the transmission of intelligence, and to punish the same; and the legislature shall enforce by appropriate legislation the provisions of this article against all existing and future combinations, conspiracies, or trusts, or the result of which may be to limit the production or fix the price of the article of consumption or the cost of insurance, or to create a monopoly in such article or insurance, or to restrict or limit the facilities for transporting or transmitting freight, passengers, money, intelligence, or other property within this state."
🔍 Explanation:
Section 103 directs the Alabama Legislature to actively regulate and enforce fair practices among:
Common carriers (railroads, buses, etc.)
Corporations, partnerships, and associations involved in:
Transportation (of goods or people)
Transmission of intelligence (e.g., telegraph, telephone)
Production or pricing of consumer goods
Insurance
✅ Key Objectives:
Prevent abuses by powerful entities.
Stop unjust discrimination in service rates or access.
Eliminate excessive charges on consumers.
Punish anti-competitive practices, such as:
Price fixing
Creation of monopolies
Limiting transportation or communication access
⚖️ Purpose and Impact:
This section supports economic fairness and consumer protection, ensuring no single group or business can:
Manipulate prices
Restrict access
Form monopolies
It reflects early efforts at antitrust regulation similar to federal laws like the Sherman Antitrust Act.
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