The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-05-13
RATES ON LUMBER
orCIrPY THE ATTENTION OF JUDGE
SPEER AT MACON.
COMPLAINTS AGAINST ROADS
ARE BEING URGED BY LUMBER
MEMS ATTORNEYS.

Prominent Traffic Omcials of the
Lines Named in the Georgia Saw
mill Associations Suit Are in At
tendance Upon the Hearing.
Three or Four Days VIII BE Re-
ouired to Determine It-Answers
Nade by the Roads to the Petition
of LUmberInen.
Macon, Ga, May 12.-The case of the
Georgia Sawmill Association VS.. the
southeastern Freight Association, the
southern, the Central of Georgia, the
Seaboard Air Line, the Atlantic Coast
Line. the Georgia, Western and At
lantic, Atlanta and West Point, Geor-
gia Southern and Florida, and Macon
and Birmingham railroads, to enjoin
the defendants from advancing the
rate on yellow pine lumber cents per
hundred, was called in the United
States court to-day.
The defendant companies filed a de-
nurrer to the complaint, setting up
that there was not that diversity of
citizenship necessary to give a federal
court Jurisdiction; that there was no
violation of federal statute in that
there was no charge of a. violation of
the interstate commerce act, or of the
Sherman antitrust law; that there was
no equity in the bill of complaint, and
each complainant had a remedy at law;
that the court could not es-
tabhsh rates which railroads should
charge; that to decide that
present rates should not be increased
courts decision the present rates as
a maximum rate which railroads may
charge.
All Questions Tried Together.
Judge Speer asked counsel for de-
PENDANTS if they desired to have the
question Of jurisdiction determined
first. Counsel for defendants elected
to have the cause of complaint and
questions involved in the demurrer
tried together.
Counsel for defendant companies and
for the Southeastern Freight Associa-
ton then set up a general denial that
there was any combination in violation
of law to advance rates, or that the
Southeastern Freight Association was
an organization or combination acting
contrary to law, or illegally establish
ing and maintaining freight rates.
The attorneys for the compliments
presented affidavits for different saw
mill LAepa in Which it was alleged thai
freight rates on Georgia yellow pine
lumber from the mills to points be-
yond the Ohio river were on an aver
age in excess of the value of the lum-
Der at the mills.
Not to Control Prices.
do
that the Georgia SawmiI Asso-
citation was a combination to control
the price of lumber, it being contended
by counsel for compliments that while
price lists were issued to all members
of the association, such prices were
not obligatory, and were only to keep
members generally informed as to the
condition of the lumber market.
The indications are that the railroad
companies will undertake to show that
the Georgia Sawmill Association is as
much an organization to defeat compe-
tition and control commerce as is the
Southeastern Freight Association. The
showing made by the sawmill people
indicate that they expect to show that
they do not control the prices of their
product, because there are a great
many more sawmills outside of the as
ISOLATION than are in it, and that the
refusal of the association to make an
iron-clad price list is responsible for
the small membership of the associa-
ton.
Attorneys in the Case.
The compliments are represented by
Messrs. Ellis & Wimbish of Atlanta
and with them are associated Mr.. w.
il. BOatwright.' The railroad DEFEND
ants are represented by Mr.. Ed Baxter
as counsel for the Southeastern Freight
Association. The Southern Railway
Company was represented by Messrs.
Dorsey, Brewster & Howell the Cen
trail of Georgia by Messrs. LaWton q
Cunningham of Savannah; Georgia
Southern and Florida Railroad John l.
Hall and Olin j. Wimberly of Macon;
Louisville and Nashville, King, Spald-
ing & Little; Atlantic Coast Line,
Kay, Bennett & COnyers; Seaboard Air
Line, Brown & Randolph; Macon and
birmingham. Louis F. Garrard of Co
lumbus Nashville, Chattanooga and
St Louis, Claud Waller.
Among the traffic managers prese-
We're: For the Georgia Southern and
Florida, John NJ. Cutler of Macon
Central of Georgia. w. A Winburn OF
savannah; Southern Railway, j. M.
CUP of Washington, D. G.; chairman
Of the Southeastern Freight Assocla-
ton, S. F. PARROT of Atlanta; secreta-
" Of the Southeastern Freight Associa-
ton, W. L. McGill
The hearing OF the case will prob
ably last for three or four days.
Among the Savannahians in Macon
on account of the trial of this case are
MIR. William b. Stillwell of the South
ern Pine Company, and Mr.. w. }:
Donlan secretary of the Chamber of
Commerce. Mr.. Donlan was subpoe-
naed to produce the original of let
ter Jointly sent the Chamber of Com
merce by traffic representatives of the
Atlantic Coast Line, the Central of
Georgia, and the Southern Railway In
response to a protest made by COM
mittee of the Chamber Of Commerce
relative to putting the increased rate
into effect April Is.
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