Evening star., 1896-09-18
THE RAILROAD WAR |
President Hoffman Reconsiders His
@ Decision.
NOTICE GIVEN BY THE SEABOARD co.
All Other Roads VIII Restore Freight
Rates.
MR.. SPEN NCE RS LETTER

Something Of a sensation has been caused |
in railroad circles by the announcement
that President Hoffman Of the Seaboard |
Air Line has authorized the statement to |
be made that he does rot Intend to regard |
the Injunction Of Judge Speer in the matter |
of the restoration OF freight and passenger
tariff to the rates which prevailed Septem-
her 5. A high government official, whose |
attention was called to the attitude Mr..
Hoffman has taken, said he feared the
| Seaboard Air Line president was treadiQg
on dangerous ground
After further considering the matter
| however, Mr.. Hoffman has reconsidered
his original intention, and today the Sea-
board Air Line filed with the interstate
commerce commission a notice of the res
| toration Cf all its rates. not only within
the jurisdiction of Judge Speer, but out
| side Of IL, the restorat ton to take effect on
| the 2Sth instant, the same day that the
| restoration of rates by the other roads
! within Judge Speer's jurisdiction takes ef
| feet. 1t is probable that the roads CON-
peting with the Seaboard Air Line will re-
! store their rates outside OF Judge Speers
| jurisdiction. and that the rate war will re-
| main suspended Until after the hearing Oh
| Judge SDeers Injunction.
| The Southern States Freight Association
| when II gave notice Wednesday of the res
| toration OF rates. confined the notice to
! points within the jurisdiction of Judge
| Speer. The action today of the Seaboard
! which started the rate war, in restoring all
| rat s on the 18th and not confiaing the
| restoration to the points within Judge
! Speer's Jurisdiction, of course will render
| it unnecessary for the competing roads TO
| continue their cut rates. The roads Of the
| Virginia Freight Association, which In
| cludes the Pennsylvania and its coastwise
| steamer connections and the Chesapeake
| and Ohio the Southern States Freight As
sociation. including the Southern and other
| ne MiSSiSSnni kai-
| ley and Southwestern Association have all
| reduced rates In consequence of the war.
The commissioners Of these associations
| are IN telegraphc communication today.
and IL is probable that notice will be filed
| withdra wing all cut rates On these lines.
1t is remarked among railroad men tina;
| the restoration of Rates far E announc-
ed by the Tarious roads involved applies To
freight from northern and eastern points
to the south, and not from the south to
those In the east ar,d north.
The position taken by the Southern Rail
way Company in the matter is exactly the
reverse Of that until now occupied by the
Seaboard. and the former WILL with the
other railroads composing the Southern
States Freight Association. restore rates
in all directions TO those which were in ef-
feet before the present rate war began
as soon as the provisions of the inter
state commerce law be complied
with. This course was decided upon at the
meeting of the executive board of the asso-
citation, held this week at Atlanta and
in The Star.
Those at the meeting were Vice President
! W. w. Findley anG Traffic Manager Culp OF
the Southern Vice President S. r. Knott of
| the Louisville and Nashville, Traffic Man
ager Shellman of the Central. President G.
c. Smith Of the Atlanta and West Point,
| Traffic Manager Brown Of the Western and
Atlantic, Traffic Manager Peasants of the
Florida Central and Penfnsular, Commits
sioner Ii. S Haines and Messrs. Will r.
! snd Eugene p. Black, counsel for the asso-
| citation.
| The various questions involved in the in
| junction by Judge Speer were discussed at
much length. and 1t was fully decided that
| there was no course open to the association
to pursue and comply with the order but
to restore the rates to the figures above
/, stated.
also discussed was the legal position Of
the various roads interested. but the resto-
ration of rates was the only matter decided
uLon.
Judge Speer's Jurfsdiction.
} The question of Judge Speer's 1urisdic-
J ton is attracting a vast amount of atten-
ton, and there is a great difference of
opinion on the subject. Judge Speer is a
United States district judge, and in': che
\ | words of g lawyer, while district judges
have the authority to sit circuit judges
( it is only within their own districts and for
J the district judge adjoining coordinate
jurisdiction, and II one judge could act As
. | circuit Judge Tor the whole circuit there
might be the greatest confusion as IL would
be possible for a Texas Maryland dis
trict judge to sit as circuit judge and
ebjoin railroad in Georgia California
which did not go within a thousand miles
of his district. 1t frequently occurs that d
district judge will sit circuit judge
| Sometimes judge will decide as
! | district judge and then, sitting as circuit
: judge, to hear an appeal and sustain OF
! reverse himself, and it generally occurs IN
: such cases that the lower court is sus
: | tained.'
1t is stated that the Seaboard will claim
2 when the case comes up for argument tha,
Judge Speer has exceeded his authority
I and that while he could enjoin the Georgia
) railroad at Augusta or the Central oi
Z Southern under some circumstances, a.
s | Savannah, he could not enjon the Atlantis
s and West Point, or the Western and At
lantc, any more than he could enjoin ths
: Northwestern. Eeither of which is i'm hi.
T judicial circuit If this be true, it is claim
ed. it follows that he could not enjon tn,
main rate cutter.
1t will also pe claimed it is said tina
the Seaboard people will contend that tn,
! declaration made in the case is faulty in
that the person who filled the bill asserte,
therein that the Southern railroad is al
: inhabitant of the northeastern division o
the southern district of Georgia when sucl
{ is not the fact. The Georgia, Carolin:
+ and Northern is also declared to be citi
i | zen and an inhabitant of the division. A.
= q matter of fact, the Georgia, Carolina ant
: Northern does not enter Judge Speert
4 district at all. The road passes through
u the counties of Foulton, De Kalb. Gwin
V nett Jackson. Oconee, Clarke Madison
and Ebert, all of which are in the north
: ern district, over which Judge Newman
n presides. The lawyers say that Judg
Speer's Jurisdiction as circuit Judge ex
:. tends only to persons and property within
his district the southern of Georgia, an
1t is denied that he can reach out and en-
join railroad (which does not enter hi
district.
The question of Judge Speer's jurisdic
- ton is puzzling one. and even the lawyer
are divided on the points. The interstate
commerce law, section Is, says that whel
a railroad shall violate refuse neg
lect to obey or perform any lawful orde
or requirement of the commission create
by this act, not founded on a controvers
requiring trial by jury, divided by tn
seventh amendment to the Constitution
of the United States, II shall be lawful 70
the commission or for any company or per
son interested In such order reluiremenl