Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-08-15
CROWNED HEADS OF THE RAIL
A Most Notable Gathering at
GreenviIIe, S. Co.
TOWlTNESS A LEGAL BATTLE
Hearing on That Notable Injunction Comes
Up Today Before Judge Simonton.
PROCEEDINGS WILL BE OF VITAL INT TEREST
The Issue Between the Southern .and the
Seaboard Outlined-A List of the
Magnates Who Will Be in
the Court Room.
PROCEEDINGS WILL BE OF VITAL INTEREs'

oASChNlilC, ~ fAd6s w iidb 40
known as the railroad rate case will be
heard here tomorrow before United
States Circuit Judge Simonton. The
case has attracted national attention
and the contest is being watched with
keen interest by the business and rail-
road world
The great railroad interests of the
south are fully represented here to par
ticipate in or to 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 secured in
behalf of the Port Royal and Augusta
road by Maj A. L. Smythe of Smythe,
Lee & Frost and he has given the
Charleston News and Courier corre-
spondent this statement of the case ow-
ing to the Southern Railway company
changing the terminus of their Balti-
more line of steamers to Portsmouth,
thus making competition with the Old
Bay Line, which is controlled by the
Seaboard Air Line The Seaboard
threatened to cut the rates to an unre-
munerative point unless the Southern
took off it's boats. The Southern claimed
as much right to run line of boats from
Norfolk to Baltimore as the Seaboard,
whereupon the Seaboard cut all through
cent. This rate their connections refus-
ed to recognize.
The Southern States Freight associa-
tion, after endeavoring and failing to Sc
cure recognition of the cut rates. ordered
a cut of so per cent. Mr.. John H. Averill,
receiver of the Port Royal and Augusta
railroad, through his counsel, Smythe,
Lee & Frost of Charleston, filed a bill in
the United States court of South Caro-
lima asking an injunction against the
continuance of the 35 per cent rate and
against the putting into effect of the so
per cent cut. The bill recites the facts
and then takes the ground that these
cuts are in violation of the provisions of
the interstate commerce law, and that
the Seaboard Air Line and its connec-
tons and The other loads have entered
into combination and conspiracy by
these cuts to inf1ict great loss and dam
age on the other railroads and the pub
lie; chat no public demand has been made
for any such reductions In ates; that the
commercial and farming interests of the
country will suffer untold damage by
the great Generalization of rates; that
railroads are public corporations, charged
with the performance of grave public
duties which they are obliged to perform
under pain of forfeiting their charters;
that the law requires all rates to be rea-
sonable and just, thus affording sufti-
Client income to the roads to enable them
to keep their roadbedS and stock in prop
er condition to carry on their operations.
Upon the fling of this bill Judge
Charles H. Slmonton, Unied States cir
cult judge, granted a restraining order
and rule to show cause tomorrow why
a permanent injunction should not be
granted, and the hearing comes off to-
morrow ON this rule. The effect of the
case in railroad circles Is shown by the
fact that among those in the city to at
tend the hearing are H. M. Conner presi-
dent of the Central Railroad of Georgia;
A. B. Anderson, first vice president; j.
M. Culp, traffic manager, and ]. G. Hen
derson, general counsel Of the Southern;
s. r. Knott vice president of the Louis
vile and Nashville; Reuben Foster, pres
ident of the York River Steam boat COM
pany;H. S. Haines, commissioner of the
Southern States Freight association; Jo-
seph Richardson, commissioner of the
Southern States Passenger association;
j. H. Averill, receiver; A. T. Smythe,
general counsel; r. H. Wright, general
passenger agent of the Port Royal and
Augusta; General Superintendent V. e.
II s.. B. Glover, general traffic manager of
the Seaboard Air Line; w. ]. Craig and
S. T. Simpson of the Charleston and
Western Carolina; w. H. Lyles, general
counsel for the Columbia, Newberry and
Laurens; R. G. Stone, general freight
agent of the Georgia Southern and Flor
ida; j. T. Barron, general counsel, and
w H. Fitzsmmons of the Atlantic Coast
Line; w. H. Black and e. r. Black,
counsel for the Southern States Freight
association, and w. l.. McGill, secre-
tary of the Southern States Freight as
socia ton; H. A. M Smith, counsel for the
Sea bord Air Line w. H. Fitzgerald, COM
missioner Of the Associated Railroads of
Virginia and the Carolnas; Judge Ed
ward Baxter; H. G. Cunningham, gen.
eral counsel and w. A Winburn, general
freight agent for the Central of Georgia.