The Montgomery advertiser., 1902-06-14
OLD TANGLE REMAINS
SOUTHERN MOBILE AND OHIO
 AFFAIR STILL ON.
Gen. McClurg Addresses Rather Caus- tic Letter to c. W. Gibson, Chair man Aberdeen Group Com
 mercial Association.

The Southern-M Mobile and Ohio tangie Is still being talked of and a special from Jackson. Miss. to The Memphis Conner cial-Appeal says:
 General McClurg today addressed a let ter to c. w. Gibson, Chairman of tho in reply to the letter from MT. Gibson which was published about two weeks ago in these dispatches. MT. Gihs on wrote to ascertain if there was not some way to get the question of the consoli- dation of the Mobile and Ohio road with the Southern into the courts without waiting on tn. pending suits instituted by private individuals: General McClurg remedies provided for such alleged viola tions of the antitrust laws. His letter Is as follows:
 Jackson. Mss. June 10, 190s.-Mr. c. w. Gibson, Chairman Aberdeen Group Commercial Association. West Point. Miss: Dear Sir-Without going into de- tails of explanation or apology l will ask ask you to accept my statement ea ns that not been delayed because of any purpose to postpone direct and positive answer to your inquiry as follows:
 The object of this communication to You is to respectfully solicit your advice as to our recourse in the event the Mis- sissippi commission refuse to act. Can we get this matter into the courts through any other channel? Members of this Association and others are constant ly asking for information and desire to inform them.'
 ..The Commission failed to act. True, 1t passed an order which. in effect left the settlement of the question as to the legality of the purchase of the Mobile and Ohio Railroad by the Southern to the result of a suit pending in the Chancery Court of Lauderdale County. wherein certain persons holding very small DOT tion of Mobile and Ohio stock are con- testing the sale.
 That the complaint of sovereign State that her constitution and7laws have been deliberately ignored and, in conse- uuence, oppressive tariffs upon freights are extorted and all of the benefits of free competition utterlye1ost. should be subordinated and put in abeyance to await the final determination of a suit between the stockholders over an infinit- estimal portion of stock in the sold road Is absurd That suit may nay, be h9norably mo ably, cial issue left where it was when the suit was instituted. Nobody will expect that they will litigate just to please the State after they have found common ground for adjustment of the contentious exist ing between themselves.
 'The Railroad Commission. acting prop erly within it's powers. assumed jurisdic- tion of this matter as soon as the pro- posed sale was reported and called upon me, as it's law officer. for advice as to what course it should pursue. I ascer- tained. by wire direct to the contracting anu Dy COHlerctlCc Wtth tHtui HNic the facts in the matter and promptly advised the Commission that they should not permit the transaction consummated without the sanction of our courts. The matter was deferred about two weeks. and I again advised the Commission as to the specific requirements and prohi- bitions of our constitution on the sub feet For reasons which l assume were satisfactory to the Commission. the ad- vice was not needed. A full history or the matter. so far as this office was con- nected herewith will be found in my bi- ennial report to the last Legislature.
 'The Commission took jurisdiction of 1t again in January or February. 1902, upon a proposition to instruct the attorney general. as 1t had a right to do to pro- ceed to dissolve the merger. or sale. which proposition was postponed from ordered that the result of the suit above mentioned be awaited.
 This sucinct review is made. not in criticism of the Railroad Conamission, but that 1t may be recalled and under stood that the proper authorities Of the State have undertaken to deal with the matter. and to remind you that of all the authorities empowered to interfere, this office is the only one that has insisted Ipon a judicial investigation. It must be obvious therefore, why the attorney-gen- eral has not proceeded of his own mo- tion. Now that 1t has been practically disposed of by the Commission. and the adiournment of the Supreme Court for the term being at hand, 1t will be taken up by this department in such manner as may seem to be the orderly and prop CT way of reaching a solution thereof.