The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-11-12
sIDE-TRACKINe OF SAVANNAH.
THE CASE TAKEN UP by THE
STATE RAILROAD COMMISSION.


The Railroads Deny the Commits
sioners' Jurisdiction on the
Ground That the Case Is One In
voIving Interstate COmmerce-The
Commission to Announce Its Dects-
ion on the Point TO-dHy-The Rail-
roads to Make Hard Fight.
Atlanta, Ca, Nov. 1.-THE complaint
brought by Capt. D. G. Purse, represent
ing the Savannah freight bureau, against
certain railroads for alleged secret rate
cutting on cotton to the detriment of tho
port of Savannah came up for hearing
before the state railroad commission to-
day. 1t is one of the most important that
the commission has ever had to deal
with, and bids fair to prove battle roy
al between the commission and the rail-
roads.
The complaint makes charges against
the Albany and Northern, the Georgia.
the Georgia Southern and Florida, the
Southern, and the seaboard Air Line
The lines are accused of giving secret
rates on cotton going out of the state to
the ports of Charleston, Port Royal and
Norfolk the effect of these secret cuts be-
ing to take away from Savannah her le-
climate part Of the cotton shipped in
this territory.
All the lines at interest were represent
ed by counsel at the hearing to-day, ex-
cept the Seaboard. Division Counsel
Brewster represented the Southern. Gen
eral Counsel Clark the Albany and North
ern. Judge John I. Hall the Georgia
Southern and Florida, and Maj. Cum
mings of Augusta the Georgia.
Col. J. R. Lamar of Augusta represent
ed William Watson & Co., cotton export
ers of Augusta, who are made parties to
the case, on the charge that they have
received benefits from the alleged cut
rates. He also represented the Augusta
Compress Company, which is similarly
charged. Col. w. S Glenn of Atlanta APP
peared as the attorney for Capt Purse
and the freight bureau of Savannah
The railroads and the compress men had
been served with notices to produce GER
tain books and papers kept in their Of
fees, which items it is believed would sup
port the charges made. These they re-
fused to produce. however, upon the
ground that the commission had no juris-
diction to take cognizance of the COM
plant in the first place, because ii in
Volved an interstate business, and also
because the authority of the commission
TO compel the production of these records
was disputed.
Col. Glenn. for the compliments, argued
the right and the jurisdiction of the com
mission at length, and the lawyers for
the railroads also made arguments.
The commission after hearing the argu-
ments announced that tomorrow they
would announce their decision as to
whether or not they considered that they
had jurisdiction and the right to compel
the production of the books desired.
Upon this Maj. Cummings for the Geor-
gia road announced that if the commission
should undertake to compel the produc-
tion of the books, his line would refuse I'M
til compelled by the courts. If the commits
sion decides to order the production of the
books and the lines refuse, as Maj. Cum
mings did to-day, the commission will ap-
ply 10 the courts for an order compelling
them to do So as was done in the case of
General Manager Lane of the Georgia
Southern and Florida recently when he re-
fused to produce books before the com
mission. The railroads win fight the
matter to the end and will. 1t is believed,
carry it to the United States supreme
court before they will produce the books
demanded.
The railroad commission also heard the
argument of Capt. Purse to-day in support
of his application for a reduction of rates
on fertilizers. but the hearing was not fin
ished and will be resumed tomorrow.