The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-02
RAIL ROADS VS.. COMMISSION.
THE NEW FERTILIZER RATE IN
SERIOUS DISPUTE.

The commissioners Say That the
NeVv Rate Was Effective Yesterday,
Rut the Railroad Officials Contend
otherwise and Decline to Accept
shiDments of Fertilizers Except mt
+he old Rates-Au the Railroads in
the state Unite in Declining to Ac-
cent Shipments at the New Rate.
Will BE Decided by the Commits
sion at the RehearfnG Jan. @.
The recent action of the Georgia rail-
road commission in ordering a reduction
of 90 per cent. in fertilizer rates in this
state is causing more commotion than
anv recent act of the commission.
The reduction, which was made upon
the application of Commissioner Purse of
the Savannah Freight Bureau, backed up
nv the fertilizer manufacturers of other
cities. took the railroads by surprise and
tbev Immediately applied for a rehearing.
At the request of the railroads the mat
ter was again taken up by the commits
sion this week, but was adjourned We'd
nesday night until Jan. S on account of
the serious illness of the son of Col. L. N.
TTammell, CHAIRMAN OIL the COMMISSION.
The commission, in adjourning the hear
ing. announced that the order for the re-
duced rate contained in circular 267
would be enforced from the date ordered,
JAM l.
The railroads have respectfully but
firmly declined to obey this order They
hold that the granting of rehearing by
the commission suspends the enforcement
Of the order until the matter has been
finally decided and that consequently the
reduced rate cannot be in force at pres
ent, although the commission says that
it is in force. The railroads say that
they are acting on the advice of their at
torney. The railroads were represented
at the rehearing in Atlanta by able coun-
sci, Gen. Henderson, the general counsel
of the Southern railway, being among the
number. 1t was upon the advice of this
array of counsel, doubtless, that the rail-
roads have decided to disobey the order
of the commission. pending the rehearing
on Jan. 6.
The question of the enforcement of a
rate pending a final decision by the COM
mission is evidently a fine point, and one
that may cause much legal discussion.
When Capt. Purse learned of this attitude
of the railway officials he telegraphed
Judge Allen Fort at his home in Americas
as follows:
Savannah, Ga, Dec. 81, 1S96.-Judge AL
len Fort, Commissioner, Americas, Ca:
Officers Central of Georgia Railway say
they will not make the reduced rates on
fertilizer shipments Jan. 1, claiming cir
cular 267 has been suspended until Jan. 6,
pending rehearing.
Please telegraph proper railroad officials
here, as you advised me, that circular 267
has not been suspended and will be oper-
alive on and after jan 1. Kindly ac-
knowledge by wire this telegram and ad-
4 wise me what action you take in the prem
ises. d. G. Purse.
A reply was received from Judge Fort.
stating that circular PSI was effective from
Jan. l. Being informed yesterday morn
ing by some of the fertilizer men that the
4 railroads here declined to receive ship
ments of fertilizers at the new rates, Can't.
Purse again telegraphed Judge Fort as
follows:
Savannah. Ca, Jan. l. 1Sg7.-Judge Allen
q Fort, Commissioner, Americas, Ga: Learn
railroads here claim that rehearing sus-
v pended circular 267, and will refuse to
recognize that your and Chairman Tram
meIs understanding can make circular
effective D. G. Purse.
Commissioner.
lie received the following reply:
Americas, Ga, Jan. l. 1S97.-D. G. Purse,
Savannah, Ga: While 267 is effective any
greater rate is an overcharge and can be
collected back. This is your remedy.
Allen For.
A similar telegram to Secretary ]. d.
Massey of the railroad commission at At
lanta brought the following reply:
Chairman Trammell says circular OPP
Il erative to-day"
the railroads have evidently made up their
minds to fight. Rule SO of the railroad
commission provides that no increase in
rates by the railroads shall be effective
until ten days notice has been given to
shippers. Capt. Purse holds that with rule
s. applied to this case the shippers would
have sixteen days in which they could
make shipments of fertilizers at the re-
duced rates, even if the commission should,
at the rehearng Jan. g. order the old rates
restored, as. under rule IS, it would be
necessary for the roads to
give the shippers ten days
notice of the increase, which would
extend the low rate to and including Jan.
~ o. In order to satisfy himself upon this
and other points he telegraphed Chairman
Irammell through Secretary Massey at
N Atlanta and received the following reply
yesterday morning:
Chairman Trammell wires from Bir-
HiHShdm as follows: Rule (35) would ap-
NY unless commission should order other
wise The commission did not suspend
ew fertilizer rate. 1t becomes effective
- an. in my recollection
Il. N. Trammell, Chairman"
Show this telegram to railroad off,
capt. Purse exhibited his kilograms to
ne railroad officials yesterday He also
adressed the following communication to
ice President Egan of the Central and
lmiiiar communications to other railway
savannah, Ca, Jan. 1, 1S97.--Mr John
". Egan, Vice President, Central Of Geor-
railway Company, Savannah, Ga:
ear Slr-Having been assured by Pre-
ulhg Commissioner Fort of the railroad
omission OF Georgia, on Wednesday,
IN INST, that circular No. 267 would be
nectlve to-day, l wired yesterday morn
Tor the further information as to eff
CT rule No. IS would have in case circu-
zof was withdrawn on 9th inst, and
ana you herewith copies Of my kilograms
ia Commissioner Forts and Secretary
iassey's replies.
Later upon declaration of the Central