The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-24
STRUGGLE OF THE SEABoARD.
THE HEARING OF THE INJUNCTION
PROCEEDINGS BEGINS.

The Case Before Judge LumpI1In I'm
Fulton Superior COurt-The whole
Day Occupied in Hearing the Argu-
ments of Dir. spaIding for che :. A.
l.. and Mr.. baxter for the y. q. aud
st. Louis Road.
Atlanta Ca, March 23.-The hearing Of
the injunction proceedings Of the Seaboard
Air Line railroad to prevent the Nashville.
Chattanooga and St. Louis Railroad Com
pany, lessees Of the Western and At
lantic. from taking part in the boycott of
the Southern Railway and Steamship as
ISOLATION against the Seaboard Air Line,
was begun IN the superior court before
Judge J. H Lumpkin this morning.
The entire day was occupied by the ar
guments OF Mr.. spalding for the seabosrd
Air Line and Mr.. Baxter OF Nashville for
the Nashville. Chattanooga and St. Louis.
Other arguments are yet TO be made and
the case was continued until next Mon
day.
Mr.. spalding based the Seaboard Air
Lines application for an injunction upon
the two grounds that it would be a viola
ZION OL the ~ N1tEAAA EAAAtAAAAAI
with the Seaboard Air Line under which
the Seaboard Air Line built a belt line
around the city in order 20 get into the
depot on the Western and Atlantic right
of-way and also, because, under the lease
contract with the state the Western and
Atlantic was bound TO accord the same
courtesies to all connections. In reply to
the claim Of the association that the Sea-
board Air Line had been boycotted be-
cause It manipulated through freight rates
on western grain for the benefit OF certain
Atlanta dealers, Mr.. Spalding said all the
lines entering the city did the same thing
before the Seaboard Air Line was built,
but then the Southern Railway and
Steamship Association issued its mandate
against the practice, hoping 10 hurt the
Seaboard Air Line. which was not a mem
Der Of the association and thereby force
IL to become a member.
When the seaboard Air Line refused
to obey the order Of the association. al
though not a member OF II, the boycott
was ordered to take effect on March J.
The boycott is a refusal of other lines %
grant the boycotted line the privileges OF
prorating on through business. This
would have bottled the Seaboard Air Line
upon all its connections to the west, and
the other roads would charge local rates
on Seaboard Air Line stuff going over
their lines. No road could stand this 10
cal charge on through business, and the
result would be disastrous to the Sea-
board Air Line should the Western and
Atlantic be allowed to go into the boy
colt.
Mr.. Baxter in arguing for the Nash
vile, Chattanooga and St. Louis and
the association, held that there was no
law requiring one road TO prorate with
kny other road on through business /
but that the law went only 10 the ex-
tent Of establishing a uniformity OF To-
cal rates In the dealing Of one road with
the others. He based his whole defense {
on this ground, contending that the West
ern and Atlantic violated no letter % the
law IN its lease contract by refusing to
prorate with the Seaboard Air Line az
long as II granted that road legitimate
local rates over its lines and continued
20 interchange traffic on that basis. The
legal point involved is an Important one,
adding Importance to the case In adil-
ton to that attached 70 It az a test OF the
strength OF the Southern Railway and
Steamship Associations boycott.