The Montgomery advertiser., 1907-06-26
THE ANSWER FILED
LOUISVILLE AND NASHVILLE REN-
 DERS STATEMENT TO COURT.
RepIy to Further Bill of Particulars Flied by Attorney Genersl Gar her, Calling Attention to
 Rate Advance.

Tn rasDonse to A request made by Judge Thomas G. Jones of the United states Circuit Court, the Louisvllie anH Nashville, and the South ana Noith .,th the clerk of that court statement further explanation of the advances madesin the rates from point to point on their lines in Alabama.
 The request made by the JuoSe TOT lowed the fling of a further 6ill or particulars by Attorney Generai SaI ber for the State in Which piIl tne State is seeking to restrain the grant ing of an injunction to these fodos III reference to the maximum rate 'pill The contention of the State IS that these two roads had raised their rates between January 1 of this year ana the time of their ming IneAF otd si1s that these roads be made to tle Dlil as of the rates in effect on January l.
 In it's reply 10 the request or tne Judge the Louisville ana NashyllLe Railroad sets forth that It's rate clerk had made an error in compiling the exhibition in reference to the rate on rough stone in car loads, Can't 10 Ala bama City and Gadsden. The rate was sig on January l and has not been raised. The rate on pig iron. Gadsden and Ironaton to Anniston, was advanced since January 1 from 40 cents to 50 cents. On building material, construc- tion material and mine material, rates
 
 from as low as IA cents hundred pounds, or 25 cents ton. The road makes explanation of this as follows:
 "Beginning many years ago, in the infancy of tho iron and coal industries in Alabama, the Louisville and Nash vile Railroad Company extended aid in various forms to said industries. In the earlier stages this aid, In some in- stances was in the form of free trans portation. Later nominal charges were made for such transportation. In prac- tically all instances the charges have during the past several decades been cost of the service In other instances the rates have paid bare cost.
 Tt has never been sought by the company to actually secure remunera- this class of business. and 1t cannot he said that the company has sought the freight involved to secure revenue direct from It's transportation. The the development of the industries. and their upbuilding.
 .The condition of beth the iron and coal business of the state is now such construction material the slightly higher rate than they could have horne ten. twenty or thirty years ago in short. the imposition of a fair rate charge would not be deterrent to an Increase in the industries or the addi- ton of new plants. whereas some years ago they were in need or such direct aid as the company was per mitted to give them.
 After setting out a long list of fig ures the following is said The law. which became effective Feb g. 1907, tlx- ing as the maximum rates those in effect on Jan 1. 1907. seeks to make the legal state made rates all those which were voluntarily established in aid Of the industries. Thus the rate of 1-4 cents per one hundred hounds is sought In effect, to be made the legal measure Of rates on the. same comnditieS for s' lilar distances in oth- or directions The rate In itself is un reasonably low. does not pav the cost of transDortation and the company II it allowed 1t to remain in effect. would probably have rendered itself liable