The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-14
RATES RESTORED AT ONCE.
THE TEN-DAY NOTICE CLAUSE DID
NOT APPLY TO ILLEGAL RATES.

| Judge Speer Told Capt. II. C. Cum
nLngham He Had Considered the
Rate War Question Thoroughly
and Thought the Cut Rates Illegal.
Said He Would Not Modify the In
junction Except on "a Hearing and
For Cause shown why II should
Be Done-The Injunction AppIica-
BILE Only in the Fifth Circuit and
Does Not, Therefore, Ahcct Points
in the CarOIinas-Judge Speer Suf-
fering From a Severe Attack of
Hay Fever.
Capt II. G. Cunningham, of counsel for
the Central Of Georgia Railway Company
has returned from Mount Airy, where he
went to see Judge Emory Speer relative
to tho mandatory injunction putting a
stop to the cut rates into Southern terri
tory which were inaugurated by the Sea
board Air Line railroad
The Central being one of the parties de-
PENDANT to the bill brought by the Augusta
merchants and one.sf the largest members
of the Southern States Freight Associa-
ton, another Of the parties defendant its
ofiicials were very anxious to arrive at 4
tull understanding of the order and in
junction, and just what it required. The
principal featu IS Of the action of the
court are already well known through the
public prints. hut Capt. Cunningham Sc
cured some additional information as to
what the injunction means.
Judge Speer told Capt Cunningham he
had considered the question fully ana
thoroughly before granting the injunc-
ton, and had come to the conclusion thai
his action in allowing it was fully justi-
ned by the principles of law that were
brought to bear
There has been some doubt in the minds
Of the railroad men as to whether the.
had to restore rates at once, or whether
they would have to give ten days notice
before raising rates, as is required by the
interstate commerce law.
THE injunction says at once" Capt.
Cunningham said, land that is just what
Judge Speer meant l suppose that all
the lines 1t applied to obeyed it at once,
without further questioning. Judge Speers
idea was that the cut rates We're ille-
gal, and therefore, that they were not
governed by the interstate commerce law.
In other words, the position taken is that
the court has the right to stop an illegal
rate without applying the ten-day notice
clause of the interstate commerce law. If
the roads, therefore, have obeyed the
mandate Of the court, they restore at once
the rates in effect prior to Sept 5, when
the reductions were made. Judge Speer
stated he thought the rates Illegal and
that he would not modify the order in
that respect, or any other, except on hear
han hn l,aA hafN h I'm
upon ten days notice from either side"
The injunction is only effective within
the Fifth United States judicial circuit,
and 1t so happens that Georgia is the
only state in the circuit that was affected
by the cut, the Seaboard terminating at
Atlanta. 1t does not interfere with cut
rates to competitive points in the Caro-
,inss as Columbia, for instance. and in
order to get at the cut rates there Judge
Simonton would have to be appealed to
under a new jurisdiction. 1t is under
stood new bin has been prepared, and 1t
may be it will be presented to him
shortly.
All those interested in the fight seem
satisfied except the Seaboard, which, of
course, has not accomplished the end it
has aimed at. The Southern and it's allied
lines seem stiH to be holding up their end
and so far as can be seen the Seaboard
has gained nothing.
Capt. Cunningham found Judge Speer
quite unweh, though he appeared in good
spirits. Judge Speer is suffering from
severe and persistent attack of hay fever
and has been living for some time at
Mt Airy in hopes that the climate their
would improve his health that section be-
ing considered an excellent one for that
complaint. The probabilities are Judge
Speer will remain there until the middle
or latter part of October so if there is to
he any hearing on the question of the in
junction in the meantime the parties inter-
ested will have to appear before him there.
1t is not believed, however, that the mat
ter will be brought up at once 1t looks
very much as if the injunction disposes of
the rate cutting for a time at least.