The age-herald., 1901-07-14
John '. Smith, of Railroad Commission, Makes State-
 nent About the Case
TALKS OF CORRESPONDENCE
Says the Shippers and Buyers Asso- citation Has Sent Disrespectful Com nications-Several Shippers
 Withdraw from the Petition.
BY E. E. KERSH.

fN6NSih
 Age-Herald Bureau Clancey's Hotel, Montgomery, July 13.-(SpeciaD-Pres John " Smith of the Alabama Railroad Commission furnished correspondent Of the Age-Herald a statement relative to the complaint of the Shippers and Buy CTS Association of Birmingham and its status before the board.
 It will be recalled that the commission fixed July 10 as a date to hear the com plaint of the association, and when no representative of the association came be- fore the board to present that side Of the question the whole matter went over until the first Monday in August. The Sbippers' and Buyers Association on the following day gave out a statement se- verely criticizing the commission, and saving that 1t was never intended that representative of the association should come before the board. Since the matter has been called to the attention of sev- eral signers of the petition they have repudiated the whole matter, expressing disapproval of what has been termed very discourteous correspondence, as the following letter from one of the most prominent of the Birmingham firms will attest:
 "A correspondence between yourself and the Shippers and Buyers A 9ciation or Birmingham has been brought to our at tention, and same has been duly read by us While we did sign certain petition regarding demurrage on cars in BEming- ham, still we do not approve of the cor respondence above alluded to, and desire to explain to you that we are not mem- bers of the Shippers and Buyers Asso- citation. neither did we sign the petition as such If you should have occasion to deliberate further over the proposition please consider our name as withdrawn entirely from the whole matter, includ- ing the petition
 Several similar letters have come to the office of the commission yesterday and today.
 MT. Smiths Statement.
 The status of the case Is set out by President Smith in a very conservative statement, as follows:
 "I have carefully refrained from giving out an interview or expression upon this question in order that I might try 1t upon it's merits when the facts, pro and con, were fully laid before the commission. It is difficult for one to keep in a judicial frame of mind when at least one of the parties to the question at issue is not only disrespectful in pleading, but seems to be so purposely.
 Briefly stated, the facts are as follows The Shippers and Buyers Mutual Aid Association first complained to Governor Jelks that they could not get hearing from the railroad commission. I replied by saying that during my administration no such communication had ever reached us. The association then mailed It's com plaint, setting out their alleged grievance to the effect that the Alabama Car Service Association were collecting a demurrage which was unjust and operated unjustly to their interests. On receipts of which the case was not for hearing on July 10 and all parties interested to be present
 'T next saw in the Age-Herald a mo- tice that the Shippers and Buyers Mu- tul Aid Association had received let- ter from the Railroad Commission and that a meeting would be held in Birming- ham and that the main question to be discussed would be the election of the Railroad Commissioners by the people
 
 the same time I received a letter from that association saying that they would call a meeting and let me know when and where the Railroad Commission should have their meeting, etc. I at once replied that we had already fixed the time and place for meeting to hear this complaint here and that all parties had been notified and urged the asso- citation to be on hand with the proof in vt of thoir clairn Tn this fhaU piled by propounding several questions in which they desired to know, among other things, what Jurisdiction we had and what reason for supposing the rail- roads would obey our orders and whether we were going to help them or not To this l replied that 1t was entirely improper for one trying case in quasi judicial capacity to give an opinion in advance and that all such questions would be settled on a final hearing and again urged him to be present to sup port their contention.
 "On the day of trial the railroad peo- pie were here and ready to go, into the meriis of he question. The Shippers and Buyers Aid Association did not ap- pear, but instead wrote a letter em- phatically denying that they had ever filed complaint before the commission and stating that they could not conceive how the Railroad commission ever imag- ined that such complaint had been filed. but wound up by saying that he would probably hear from them <hrough the Governor.
 There were many names signed to the complaint of good men, and as an evidence that they knew nothing of the offensive letters sent to the railroad commission, nnmber of them have indicated by letter their regret and repudiation of the man ner in which this matter has been brought before the commission.
 "Out of. .deference for what we conceive to be just to the interests to those com plaining, the complaint was not dismissed and this hearing continued until the first Monday in August and the Shippers and Buyers Mutal Aid Association has been notified of this action, and 1t is hopeo that the conservative and fair-mlnded men on the petition will be here at that