The Savannah morning news., 1903-12-23
FOR LOWER RATES ON COTTON,
ROsIN AND TURPENTINE.
JUDGE SPEER'S DECISION
FORCES RAILROADS TO OBSERVE
RULING OF COMMERCE COMMISSION.

cOhus VIII NOW Allow HateSs ray
Costs of Court, and Allow Rebate
on All Overcharges Since Original
Decision in Case.
OF more than usual interest to
Savannah, because of the increased
port receipts in cotton, rosin and tur-
pentine that is expected to result was
the decision of Judge Emory Speer in
the United States Circuit Court at Ma
con Monday in the case of the Inter
state Commerce Commission versus the
Louisville and Nashville Railroad
Company, the Florida Central and
Peninsula Railroad Company, and the
Savannah, Florida and Western Rail-
way Company.
The case is one that goes back to
1897 when the Savannah Freight Blu
reau and a number of merchants of
this city made complaint to the Inter
state Commerce Commission relative
to the rates charged on shipments to
Savannah from stations on the Pen
sacola and Atlantic division of the
Louisville and Nashville road. In 1900
the case was heard by Judge ]. c.
Clements, who condemned the rates in
effect and suggested certain other rates
as reasonable. At this time the IN
terstate Commerce Commission issued
an order to the railroads to make the
reductions suggested by the court, but
the railroads declined to obey this or
der and the commission then entered
suit in the court of Judge Speer June
9, 1900.
Commission Upheld.
In July 1902, Judge Speer rendered
an opinion, agreeing with the commits
sion and sustained in every particular
its order to the roads, and further is
sued an injunction ordering the rail-
roads to desist from the excessive
charges that were still maintained The
railroads appealed to the Circuit Court
of Appeals at New Orleans, but in
December of the same year withdrew
their appeal, which thus left the in
junction of Judge Speer in full force.
In spite of this, the railroads con-
ttnued to charge the prohibited rates
on cotton, rosin and spirits of turpen-
tlne until the matter was again
brought to the attention of the Inter-
state Commerce Commission, which
appealed to Judge Speer for an order
TO have the representatives of the roads
snow cause why they should not be
adJudged in contempt of court. This
order was granted, and the following
officials of the roads interested in the
case summoned to appear: President
Milton Fl. Smith of the Louisville and
Nashville; w. B. Denham, general SUI
perintendent of the Atlantic Coast Line
and Walter Hale, superintendent of the
Firth division, Seaboard Air Line.
The case was heard in Macon Mon
day. The commission introduced testi-
mony showing that repeated violations
OF the order of the court had been made
ana the Atlantic Coast Line put up a
Wltness, whose testimony was to the
erect that the roads had tried to with
draw the Objectionable rates, but that
the change had not been properly eff
1ected because of the Misunderstanding
OF some of the minor officials. Judge
Speer ordered a recess, and suggested
that the roads should try to adjust
matters.
Roads Submitted Order,
Later the railroads submitted an or
der by which they agreed to put into
erect the rates ordered by the commits
sion and Judge Speer, to pay all costs
OF the court and to repay the difference
on all charges that had been made
over and beyond the legal rates, and to
make the through rates on cotton, ros-
IN and spirits of turpentine effective
Jan. ], 1904. The roads will use the in
Permission between now and the first
OF the year in notifying the officials OF
the change.
Inc railroads sought to have the rule
for contempt dismissed but Judge
Speer declined to accede to their wishes
IN this respect and instead of dismiss
ing it ordered that it be suspended.
though 1t was granted that the railroad
companies shall be at liberty hereafter,
upon any substantial change of the
circumstances and conditions affecting
the traffic. to apply to the court for
such modification of its decree render
ed in this cause on July 81, 1902, as they
may desire.
End of Long Fight.
The decision in this matter by Judge
Speer marks the end of a long and
hard fought battle on the part of sew
eral of the business men of Savannah
for reasonable rates from a territory
that should be well within the limits
of Savannah's sphere of influence so
far as trade in cotton and naval stores
is concerned, but which has hitherto
been lost to this port because of a
rate on these commodities that was
practically prohibitory so far as ship
ping to this city is concerned.
The outcome of the case comedies
practically everything for which this
city contended and will result, it is
confidently expected in the shipment
to Savannah of the greater portion of
all the cotton, rosin and spirits of tur-
pentine that are made in the part of
the country affected. The oVercharges
that the railroads were ordered to re-
fund would have meant a large sum
to the trade in this city, but for the
fact that so nearly prohibitory have
been the rates that no upland cotton
and no rosin or turpentine has been
shipped into this port. The only crop
received here was that of the sea island
staple, consequently the roads will
have less to refund than would at first
appear.
The case of the Interstate Com
merce Commission and of the local
business men who worked jointly with
the commission was presented by
Capt. w. w. Gordon, Jr.. who has been
interested in the case from its incep-
ton and whose thorough knowledge of
il in all its phases made his work in
valuable to his clients.
Capt. Gordon's work was facilitated
by the unwavering support he has at
all times received from the following
firms: W. w. Gordon & Co, Butler,
Stevens & Co, Hunter. Pearce & Bat
tey and Chestnut & O'NeiH All
TENSE firms furnished affidavits at the
hearing and Mr.. Battey was present
at the court and gave valuable infor-
nation In the form Of testimony.
showing violations OF the orders OF the
commission and the court
Difference In Rates.