The Birmingham age-herald., 1902-11-12
Says Ey R R Commission is
 Out of It's Jurisdiction
CONTROLS NOT UNDER LAW
Attorneys Say the Commission Cannot Take Subjects Except Where Traffic Is Not Concerned.
 Others File Answer.

Washington, November 11-Several more of the railroads which were made defend ants in the complaint made by the Ken lucky railroad commission charging a merger of interests which threatened to place the entire southern territory under the dominition of a single firm, filed their answers in the interstate commerce com mission today The answers in the main, like those of the Illinois and the Texas and Pacific, filed yesterday, denied the allegations. The Louisville and Nashville, however, goes farther and it's answer styles the complaint mere fishing bill' and disputes the jurisdiction of the inter state commerce commission over such matters.
 The Louisville and Nashville answer says the commission has no right or ti- tie to institute or prosecute complaints; has no jurisdiction to require the filing of copies of contracts or arrangements with other common carriers. except such as relate to the traffic affected by the interstate commerce act, which the rail- road says does not apply to the contracts, arrangements. etc., already referred to in the complaint; nor has 1t a right to in- quire into personal transactions Of indi- vidual stockholders; nor to ascertain whether any particular individual or firm h, acquired a majority or any other DOT ton of the capital stock of a railroad. The answer denies that J. P. Morgan & Go. have acquired control of a majority of the Louisville and Nashville stock, and says the commission has no jurisdiction f, 4,,to ,af4 raE. cl,4 nf any one selling or purchasing shares nor whether the stock of the Southern Is con- trolled by a voting trust with Morgan & Go. at it's head. The Atlantic Coast Line railroad admits connecting with the Nor gan company to purchase by December 31 next and that the Morgan company has contracted to deliver to the Atlantic Coast Line by that date 306000 shares of the capital stock of the Louisville and Nash vile for $50,O000O0, and that the Louis- vile and Nashville has assented thereto.
 The Southern Railway company, the Southern Railway company in Kentucky and the Southern Railway company in Indiana, In joint answer, deny that the last named lines are under the manage ment" of the Southern They admit that about June 2l 1900 Morgan & Co. and the Southern railway made an agreement with practically all the holders of bonds secured on properties then belonging to the Louisville, Evansville and St. Louis Consolidated Railroad company, whereby 1t was proposed to re-organize that road to vest it's control In the Southern. This plan was executed by a foreclosure sale. It is also admitted that in pursuance of an agreement the Southern jointly with the Louisville and Nashville has acquired 959S3 shares of the capital stock of the Chicago, Indianapolis and Louisville Rail- road company. The Cincinnati, New Or leans and Texas Pacific not only denies the Jurisdiction of the commission but submits that there is no law of the Unit ed States or of any states mentioned in the complaint which forbids the same person or firm to hold stock in two or more railways"