The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-12
THE ORDER WAS A SURPRISE.
RAILROAD MEN IN DOUBT AS TO ITS
MEANING.

ting to stop Mt Once, or Whether
They Must Give Ten Days Notice
as Required by the Interstate Com
merce lava New Petition That
Was TO Have Been Presented to
Judge SimOntOn-Capt. II. c. Cum
ninghnm Gone 10 Mount Airy-The
Tybee Road Certificates to De Paid
Oct. 1.
President H. NJ. Conner of the Central Of
Georgia Railway Company and other rail
road officials who went up to Atlanta tc
appear before the state railroad commits
sion in reference 10 the matters relating
to the rate war, returned to the city yes
terday.
The railroad commission was seeking to
make the cut rates apply to all local as
well as competitive points, so as not to
give one point an advantage over another,
but, as was announced in yesterdays dis
patches to the Morning News, the COM
MISSION deferred action in the matter on
account of an injunction granted by Judge
Speer, which will bring an end to the rate
war, for time at least. When asked
about the matter, President Conner said:
THE injunction granted by Judge speer
was as much of a surprise to me as to
others. who were unaware of the nature
of the steps being taken. Just what it's
effect will be have no idea. / have not
seen a copy Of the petition. nor the order.
and do not know. therefore. just what is
its purport and intent. The action of the
court, however, seems to have put an end
to the investigation of the commission for
the present"
The railroad men are puzzled as to one
feature of Judge Speer's order. They
do not know whether they must restore
the old rates at once, as the order seems
TO Indicate, or whether they must con-
form to the requirements of the inter-
state commerce law and give ten days
notice of the fact before the rates are
raised. The attorney who drew the or
der failed to incorporate this feature il
appears. and those interested are now
seeking information on the subject. Capt.
H. c. Cunningham of counsel for the Gem
trail has gone to Mount Airy to look into
the matter in hehalf Of his client, and
he will undoubtedly come back fully post
ed as to what the petition and order OF
the court signify.
The order of Judge Speer was undoubt-
eddy a surprise to many of those inter-
ested in the rate war. 1t is known that
another move was in contemplation,
which had no relation whatever to the
actions of the merchants of Augusta In
presenting the matter to Judge Speer. II
was intended to present a new bill 10
Judge Simonton under new jurisdiction,
and it is understood this bill would have
been placed before him some time ago,
had II not been for the fact that he has
been sick. This bill was to have been
presented by Receiver j. H. Averill of the
Port Royal and Augusta railroad, who
presented the former bill, under which
Judge Simonton decided he had no juris-
diction. The new bill, however, would
have had other parties complainant be-
side the receiver of the Port Royal and
Augusta, several other railroads having
been asked to join in the petition. All
the defects in the former bill as pointed
out by Judge Simonton are said to have
been remedied in the new bill, and 1t may
yet be presented, though it is likely the
result of the case now before Judge
Speer will be awaited.
Though an injunction has been granted
in the case of the Augusta merchants IL
is still to be determined whether this or
der can stand. On the showing made
that the reduction of rates to certain com
petitive points was in violation of the In
terstate commerce law, because 1t dis
eliminated against some points in favor
of others, a temporary injunction was
granted. There will no doubt be a hear
ing, however, to determine whether Judge
Speer has the proper jurisdiction in the
matter.
The Augusta merchants have secured
able counsel in the person of Joseph r.
Lamar, ESQ., to represent their side of
the case and there is no doubt that every
feature of Importance was thoroughly
looked into before the matter was taken
up. The Seaboard seems to have a pretty
hard time in prosecuting its fight against
the Southern and it's allied lines, and
from the numerous obstacles that are be-
ing encountered on all sides 1t does not
appear that the rate cutting is going to
be so serious as was at first predicted.
1t is rather unusual that such should
be the case, but for a wonder, Capt. d.
G. Purse of the Savannah Freight Bureau
is just as well pleased with the turn which
affairs have taken as the railroad men,
If not more so.
Judge Speers action puts a stop 20
the present rate war, for a time at least"
said Capt Purse, land requires the en-
forcement of the rules of the interstate
commerce commission, which is entirely
satisfactory to us and to the business
public generally. The rules of the inter-
state commerce commission prohibit a less
rate for long haul than for a short
haul. and that is exactly what we were
contending for. Matters are in statu quo
now, and we can all take a long breath
ing spell while we await the final re-
suits from Judge Speer's action.
THE news of Judge Speer's action" he
continued. was received with a great deal
of satisfaction by the members of the rail-
road commission, and the representatives
of the various interests assembled there
TO discuss the matter of adjustment of
local rates. The tension had become
somewhat strained and there was a pros
pect that the discussion would be bitter
when the railroad representatives We're
heard from more fully The receipt of
the news relieved the commission from
an unpleasant situation. There was no
doubt however, that the commission
would have required a readjustment Of
local rates to meet the reduced rates re-
Gently announced, but It would have been
done in the face Of the most bitter oppo-
stion from the railroad representatives"
BY request the argument in behalf OF
the representatives of the business inter-
ests was made by Capt. Purse. Capt.
Purse entered into a general discussion
OF the whole subject of rate wars and