The Birmingham age-herald., 1907-10-23
THE AGREEMENT BETWEEN GOVERNOR AND SOUTHERN

i, tion, unless such rate or rates so put
 in are afterwards agreed to be main
 tained permanently for any cause. It is further understood and agreed that the putting in of special rates, such as excursion rates, second class rates or of mileage books at less than 2s4 cents in any of the states named shall not under
 any circumstances be understood and con sidered the putting in of a rate in any of said states, which shall require a 2a cents intrastate straight local rate in Alabama to be reduced
 5. It is further understood and agreed that the Southern Railway company the Alabama Great Southern Railroad com
 pany and the Mobile and Ohio Railroad company, in consideration of the rates authorized to be checked and collected as hereinbefore described, shall issue and put on sale mileage books in denom-
 nations of 1000 and 20O0 miles, respectively, at rate of 2A cents per mile, and shall also issue and put on sale book of
 the denomination of 800 miles at the rate
 of s19 cents per mile to be used by fam ines or members thereof living in the state of Alabama the names of members of the families purchasing and using said book to be inserted in the mileage book, G. It is further understood and agreed between the parties to this agreement
 
 road companies, parties hereto, shall have the right and are authorized to charge and collect from points to points on their respective lines in the state of Alabama on the commodities described by the Ala bama statute. approved March 2, 1907, ! known as '110 Commodity Rate Act" not
 more than the same mileage rates than the Southern Railway company is at pres ! ent authorized to charge and collect from points on it's line in the state of Geor- | gia. except that the Mobile and Ohio Railroad company shall charge it's pres- ent rate on fertilizer.
 It is understood and agreed if on trial anyone of the commodity rates named in the said act '11O Commodity Rate Act" is found to be unreasonably low, the railroad commission of Alabama shall give adequate relief by raising, or per- hitting to be raised to what will be reasonable. the said Commodity rate as may be found to be unreasonably low If after such trial the commission fails to give the relief which the said com panies show themselves entitled to re- ceive, the said companies shall mot be considered to have waived or surren- dered any of their legal rights to relief in any court of competent Jurisdiction, and their rights to such relief shall not be impaired or in any way prejudiced by the fact that said rates had been put into effect and had been given trial under agreement.
 It is further provided that if said com panes keep the said commodity rates in effect six monhts from December 1, 1907, the trial thus given shall constitute a reasonable trial.
 It is agreed and understood that no right or interest of the railroad companies herein named shall be affected adversely in respect to the rates and matters cov- cred by this agreement by any legislation to be enacted at any extra session of
 the legislature of Alabama held prior to
 the next regular session of the legisla- ture, and that the governor and railroad commission will do all things necessary on the part of the state to protect the companies herein named in respect to the rates and matters covered by this agreement.
 It. is further understood and agreed that in making this settlement and the dismissal of the pending litigation, ac- cordng to the terms of the verbal agree ment between the parties hereto made CO., temporaneously with this instrument. there is to be no liability upon any of the companies herein named growing or arising out of the bonds said companies were required to give on securing the injunction heretofore issued in the pend ing litigations. It is further understood
 and agreed that the companies herein named shall under no circumstances in- cur any liability on their bonds here tofore given or incur liability for any damages on account of their failure to put into effect the disputed rate govern ing the time from the issuance of said injunction up to September 1, 1907, when said companies. by an agreement with the state of Alabama, heretofore. put into effect the disputed rates involved in the pending litigation.
 In witness whereof, the parties to this agreement have caused the same to be executed In triplicate by the representa- tives heretofore named of the state of Alabama and the railroad companies STATE OF ALABAMA,
 By B. B. Conner Governor. SOUTHERN RAILWAY COMPANY, By W: W. Finley. President. ALABAMA GREAT SOUTHERN RAILROAD COMPANY, By W. w. Finley. MOBILE AND OHIO RAILROAD | COMPANY,
 By F. L.. Russell Vice Pres. Montgomery. Ala. October 2, 1907.