The morning times., 1896-08-16
RITE iAa N THE @yaIs
:Soathefn Freight Questlea Ar
gued At GreenYille.
FIGHT AGAINST THE 8. A. L.

Attorney fog the Sesboard Took the
Position That the Interstate Com
merce COmuaissaOn Is the Proper
Tribunai Before which TO Argue
the Caxe-Contest Oh in Earnest.
GreeDvile.-s. e., Aug I5.-There are
perhaps more prominent RAILROAD repre-
seDtatives In Greenyiile today than have
been conxregated in South Carolina in
many years.
Every prominent railroad system in the:
Carolnas. Virginia and Georgia is rep
resested by excessive officers or counsel.
and Va some cases b both. They have been
brought here ny the arxument before United
States Judge SmeBton On the novel issue
of whether Federal court has the right
Z to eD5oin railroads tIom making consides-
able cuts in their freight and Passenger
rates.
There is now restraining order in force
prohibiting the Sea BDard Air line from
carrying INTO force y cut OF 33 1-3 per
longing to the Southern states Freight
Association prohibiting them from carry.
ing out an 80 per cent. induction, with
which II was proposed to crush out the
Sea Beard Air kne cut.
The case began this morning at 1890
aud an adjournment was had 1t $40,
after the first argument. Judge Simon
ton, early in the proceedings, stripped
them OF everything. for the present. xsept
the question of jurisdiction and the resVir
OF the case will depend ON whether he as
supes 0S reJects jurisdiction to enjoia the
parties to the rate cutting.
DIsAsTER- TO THE ROADS.
The bin lslleees that If snci, rates as
we're proposed were allowed to go into
effect the result wouids be. q perfect
decentralization Of all rates, bringing dis
aster net oHix upon sah railroads operat-
ing in thts Territory. but also to all the
business Interests Of the country; that
the commercial prosperity Of the country
depends in a very large degree upon the
stability Of rates, and upon their main
teaance by the several tTansportation COM
panies that this war Of faees will tend not
only to deinoralize all railroad business.
but will work ruin TO those engaged in
commerce. by unsetslmg values and put
ting at ruiDous disadvantage all who
had pu rchased and shipped prior to such
reduction, II it were permitted to stand
Tie bill recites nnny other grounds eof
the interference OF the court. Returns
were made by all OF the railroads cited. the
PTlIICiDdt OfttS tuUsC III oouth-
ern Railroad Company, Atlantic Coast
Line, senboard Air Line, and by II. s.
Haines. Commissioner OF the Freight AS
ISOLATION The Southern, In it's answer.
takes the position that the so per cent
would have restored rates. because OF its
being a heroic measure; that the 33 1-3
per cent reduction made by the 6eaboa rd
Air Line was intended to ruin the South
ern Railroad and others; that the said cut
was a conspiracy and combination on the
part OF railroads operating under the name
OF the Seaboard Air Line and Baltimore
steam Packet Company; that It was Illegal
because OF its reason and purpose; and that
the so per cent scsis was defensive entirely
1t charges that the Baltimore Steam
Packet Company and the Seaboard Air Line
intended to consolidate and asserts that
the Southern attempted in every way to
AVOID the necessity Of the contest proposed
by this competitor. wlule standing out
for its ally. the Pa'tiniorr. Chesapeake and
Richmond Steamboat Company
g. A. L. ANSWERS.
The Seaboard AIT Line. ON Tie other
hand, in its answer, ccltends that it does
not control or direct the operations or the
Baltimore Steam Packet Company, that
the Southern owns or controls all lines
running into Atlanta excepting the Sea- 4
board Air Line and the Western and At
lanuc; that the Bay Line Offered every
inducetncnt to keep the Southern from
running line on Chesapeake Bay; that the
ipauguration of the Southern OF the line
had as its ultimate object to break
down the SeabOard Line. its sole competitor
for the Eastern business, that the Southern
is the controlling factor in the Southern
States Freight Association. which is
conspiracy and illegal combination dis
criminating against tue Seaboard Air Line:
that the Port Royal and Augusta, heing 4
member of this ssoeiation, should not
complain OF it's action, and by its vote the
80 per cent reduction could hare been
prevented; that. in any event. that roadisnet
called upon To be the guardian OF the
public; and that it's proposed reduction
OF 33 1-3 per cent was not ruinous.
The only argument heard today was that
of Mr.. Henry A. n. Smith, OF South
Carolina, who appeared for tie Seaboard
Air Line, upon the question of Juris
dicton alone to which Judge Simouton
confined It.
He took the position that the Interstate
Commerce Commission was the proper
tribunal for the hearing OF such cases that
1t has statutory power to hear such mat
tefs: that the court had never been asked
TO interfere except on an unreasonable
rate; that an Unreasonable rate had never
been complained OF on the ground that it
was a reduced rate; and that the court
had no right to Interfere, as the regula-
ton OF rates was purely legislative
funciio1
The court had no right, he argued. to
in terfere with legitimate competit ion.
There was no Federal question involved;
the railroads interested were not Federal
corporations; the court was without juris-
diction to interfere in competition; all the
persons affected wcte not within the juris-
diction OF the court; an oEier on its part
could not be made effective to prevent
competition; and if the seaboard Air Line,
through competition, wrought injury to the
Port Royal Road, it had its redress. as the /
Seaboard was solvent corporation.
On Monday the arguments will be re-
sumed when Judge Henderson will be heard
for the Southern, Mr.. Smythe for the Port
Royal and Augusta, Mr.. Watts for the Sea-
board and perhaps others, as Judge Simon
ton has Indicated that he desires to hear all
possible argument. on the question Of
jurisdi etion.
HANDY WITH A RAZOR.
David Shanklin Made His Blade DO