The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-08-15
WHAT THE ROW Is ABOUT.
MIR. smythe Gives the story of the
Rate Cutting and the Injunction.

Mr.. smythe Gives the story of the
Rate Cutting and the Injunction.
Greenville. S. c.. Aug. l4-What is
known as the railroad rate case will be
heard here tomorrow before United States
Circuit Judge Simonton. The case has at
tracted national attention, and the con-
test is being watched with keen interest
by the business and railroad world. The
great railroad interests Of the south are
fully represented here to participate in,
or to hear the proceedings. The immediate
point at issue is whether certain railroads
should be permanently restrained from
making proposed cuts in rates.
The temporary order was secured in be-
halt OF the Port Royal and Augusta road
by Maj. Augustine T. Smythe of Smythe
Lee a Frost, ana he has given the Charles
ton News and Courier CORES Ondent this
statement of the case: Owing TO the
southern Railway Company changing the
terminus OF their Baltimore line of steam
ers to Portsmouth, thus making competi-
ton with the old Bay Line, which is con-
trolled by the SeabOard Air Line, the Sea-
board threatened to cut the rates to an
unremunerative point unless the Southern
took of its boats. The Southern claimed
as much right TO run a line of boats from
Norfolk to Baltimore as the Seaboard
whe-eupon the Seaboard cut all through
passenger and freight rates about IS per
cent. This rate their connections refused
10 recognize. The Southern States Freight
Association, after endeavoring and failing
TO secure recognition of the cut rates or
dered a cut of so per cent
Mr.. John H. Averill, receiver of the
Port Royal and Augusta railroad. through
his counsel, Smythe, Lee and Frost of
Charleston. fled a bill in the United States
court Of South Carolina asking an in
junction against the continuance of the
30 per cent. rate, and against the putting
into effect the so per cent. cut.
The bill recites the faRts, and then takes
the ground that these cbts are in violation
of the provisions of the interstate COM
merce law, and that the Seaboard Air line
and its connections, and the other roads
have entered into a combination and con-
spiracy by these cuts to infict great loss
and damage on the other railroads and
the public; that no public demand has
been made for such reductions in rates /;
| that the commercial and farming inter-
eSts Of the country will suffer untold dam
age by the great Generalization of rates
that railroads are public corporations
charged with performance of grave public
duties which they are Obliged to perform
under pain Of FORGETTING their charters
that the law requires all rates to be rea-
SOnable and just, and thus affOrding suf-
icient income to the roads to enable them
to keep their road beds and stock in proper
condition to carry on their operations.
Upon the filing of this bill Judge
! Charles H. SimOnton, United States cir
cult judge, granted a restraining order
and a rule to show cause why a perma-
nent injunction should not be granted, and
the hearing comes off tomorrow on this
| rule.
The interest in the case in railroad cir
| Giles is shown by the fact that among
| those IN the city to attend the hearing
| of the case are: II. NJ. Conner, president
/ Central OF Georgia; A. b. Andrews, first
| vice president; J. NJ. Culp, ira fic mama
| ger and Judge Henderson, general counsel
| for the Southern; S. r. Knott, vice presi-
! dent Louisville and Nashville; Reuben
| Foster, president York River Steam
| boat Company; H. S. Haines, commission
! er Southern States Freight Association:
! Joseph Richardson, commissioner South
| ern States Passenger Association; j. II.
| Averill, receiver; A. T. Smythe, general
| counsel; r. H. Wright general passenger
agent of the Port Royal and
| Augusta, Gen. Supt. " e. McBee.
| General Counsel Watts, Messrs. Spalding
| ttc manager of the SeabOard Air Line; w.
| J. Craig. S. J. Simpson of the Charleston
| and Western Carolina. w. II. Lyles. gen.
! eral counsel for the Columbia, Newberry
and Laurens; r. G. Stone, general freight
| agent Georgia Southern and Florida; }
/ T. Barron, general counsel and w H
| Fttzsimmons of the Atlantic Coast Line:
! w. H. Black and +. r. Black, counsel
| for the Southern States Freight Asso-
| citation; and w. T. McGill, secretary OF
| the Southern States Freight Association;
| H. A. NJ. Smith counsel for eaboard Air
! Line; w. H. Fitzgerald, commissioner oil
! the Associated Railways of Virginia and
! the Carolinas; Gen. Edwin Baxter, H. c.
! Cunningham, general counsel, and w. A.
| Winburn, general freight agent for the
| Central of Georgia.