Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-08-15
RATE CASE
JUDGE sIMONTON's HEARING AT
GHEENVILLE TODAY.
STATEMENT OF The ISSUE.
Allegations Of Road Applying for
Prevention of Cuts-Large Array OF
the Proceedings.

GREENVILLE. S. c., August H.-What
is known as the railroad rate case, will
be heard here tomorrow before United
States Circuit Judge Simonton. The case
has attracted national attention. ard the
contest Is being watched with keen in
terest by the business and railroad world.
The great interests Of the South are fully
represented here, to participate In or
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 Sc
cured in behalf Of the Port Royal and
Augusta railroad, by Major Augustin T.
smythe of Smythe Lee & Frost, Charles
ton. and he has given the News and
Courier the following statement Of the
case:
Owing TO the Southern railway chang
ing the terminus OF its Baltimore line
of steamers TO Portsmouth. thus making
competition with the old Bay-Line,
which is controlled by the Seaboard Air
Line. the Seaboard threatened 10 cut the
rates 10 an unremunerative point unless
the Southern took of it's boats. The
Southern claimed as much right TO run
line Of boats from Norfolk 10 Baltimore
as the Seaboard Airline. whereupon the
Seaboard cut all through passenger and
freight rates about 80 per cent. This
rate their connections refused TO recog-
nize. The Southern States Freight As
sociation, after endeavoring and failing
to secure recognition Of the cut rates,
ordered a cut Of 50 per cent.
THE COMPLAINT.
Mr.. John II. Averill, receiver OF the
Port Royal and Augusta railroad.
through his counsel, Smythe, Lee IL
Frost, Of Charleston. filed bin in the
United States Court Of South Carolina,
asking an Injunction against the continu-
ance of the 35 per cent. rate, and against
the putting into effect Of the 50 per cent.
cut. The bill recites the facts, and then
takes the ground that these SUITS are IN
violation of the provisions Of the inter-
state commerce law, and that the Sea-
board Airline and its connections, and
the other roads. have entered into COM
bination and conspiracy by these cuts 10
infiict great loss and damage on the other
railroads and the public; that no pub
lie demand has been made for any such
reductions I'm rates. that the commercial
suffer untold damage by the great de-
rnoralization OF rates; that railroads are
public corporations. charged with the
performance Of grave public duties, which
they are obliged 10 perform, under
pain of forfeiting their charters. and that
the law requires all rates 70 be reason
able and just, thus affording sufficient
income 10 the roads 10 enable them to
keep their roadbeds and stock IN proper
condition TO carry on their opposition.
Trpon the filing Of this bill. Judge
Charles II. Simonton, United States Cir
cult Judge, granted restraining order
and a rule to show cause tomorrow why
a permanent injunction should not DO
granted. and the hearing comes OF to-
morrow on this rule.
BIG RAILROAD MEN on HAND.
The effect Of the case in railroad cir
cles IS shown by the fact that among
those in the city 10 attend the hearing
are II. VI. Conner. president OF the Central
railroad Of Georgia; a. p. Andrews first
vice-president; ]. NJ. Culp. trafic mana
ger. and Judge Henderson. general coun-
sci of the Southern: s r. Knott, Vice
president Of the Louisville and Nashville;
Reuben Foster. president York-River
Steamboat Company; ". 5. Haines. COM
missioner Southern states Freight A.
ISOLATION; J. II. Averill, receiver; A. 4.
Smythe general counsel, and r. II.
Wright. general passenger agent, Port
Roval and Augusta: Generai-Superin-
tendent V T. McBee: General-Counsel
Walters Spaulding King, and II. w. y.
Glover. general traffic manager Of the
Seaboard Airline; ". j. Craig and 5.
J. Simpson. OF the Charleston and West
ern Carolina: W. H. Lyles. general coun-
sci for the Columbia. Newberry and Lau-
rens. r. G. Stone. general freight agent
Georgia Southern and Florida: J. T. Bar
ron. general counsel. and W. II. Fitzsim-
mons % the Atlantic-Coast Line; II. ".
BLACK and f. r. Black, counsel for the
Southern States Freight Association. and
W 1. McGn, secretary Southern States
Freight Association; II. A. Smith. counsel
for the Seaboard Airline ". II. Fitz-
gerald. commissioner Of the Associated
Railways OF Virginia and the Carolinas;
]. Edward Baxter and n. Cunningham
general counsel OF the Georgia Central
and W. A Winburn, general freight agent
OF the Central, Of Georgia.