The Montgomery advertiser., 1907-12-06
PROTECTION IS ASKED
 UNDER RESTRAINING ORDER
President Henderson Takes Cogniz-
 ance of Injunction.
Hearing of -Dickerson Lumber Company Against Birmingham Southern Was Under Way When Roads Appealed
 Under Federal Court
 Order.


 ing order yesterday suspending all cases at issue before the commission affecting on certaing roads rates either in rectifying discrimnations or fixing rates for those roads which are mentioned in Judge Jones' restrain ing order. This ruling of President Henderson practically suspends all Of the offices of the Railroad Commission except as relates to corporations out side of the railroad list.
 The hearing of the now famous switching charge case brought by the Wood-Dickerson Lumber Company, against the Birmingham Southern Rail way was indefinitely postponed after the attorneys had commenced argu- ment the hearing of the cotton rate case in which the Farmers Union has petitioned for an capitalized car rate on compressed cotton, and all other cases of similar nature are included In tnis order. Telegrams were sent to those interested fin the cotton rate notifying them that this matter had been in- definitely postponed.
 The action of the Railroad Commits sion was the result of a plea made by attorneys for the railroads intere ed fin decision of this contention. The plea was made under the protection Of Judge Jones' injunction order, and the Commission immediately took acognf- zance of it. It was shown to the Com mission that the adjudication of this case could have but one termination that would not violate the Federal Courts order. This was that the rate not be reduced, as it would be direct violation of the order, which prevents the reduction of railroad rates affect Ing those lines parties to the injunc- lion proceedings now pending in the Federal Court '
 Would Violate order.
 It was argued before the conmission that the reduction of the switching charge would be reduction in rates of certain roads. and that the Conimis- sion would be guilty of violating the terms of Judge Jones' order.
 After a short consultation President Henderson announced that under this showing he would indefinitely postpone all cases now before the commission where the question of rates. not fixed by agreement with the State, is at is- sue
 When seen by a representative of The Advertiser. President Henderson stated that so far as the Railroad Com- mission is concerned 1t Is a figure head in so far as the litigating rail- roads are concerned. The Commission. he says has decided that 1t is better to wait until all of the Allegations are settled and the powers of the com mission more clearly defined before those cases affecting the reduction of rates are taken up. The province of power of the Commission now only extends over the regulation of telA phone, telegraph and steamboat rates. It has the authority to act in matters not pertaining to rates, such as the es- tablishment or abolishment of depots. etc.
 In postponing these cases President Henderson stated that it was with the understanding that when the litigation io An a61ISfe0 and fin the aVanf a permanent injunction IS not granted that he reserves the right to call these cases for final hearing with but short notice. This was agreed to by the at- torneys representing the roads.
 It was cited to the Commission that 1t would be possible. in the event the two rate cases were continued and de- cided, for each member to be- adiudged in contempt, and to be carried before Judge Jones to answer to that charge. His order to the Commission is couched in no uncertain terms, and specifically orders that they make no effort to en- force rates that are mentioned in the several bills passed by the Legislature of Alabama at any of the sessions of 1907.
 Finder this decision of the Commits sion. to postpone all further hearings, the railroads now engaged in litigation with the State will have the right to 
 provided these rates have heen In ex- istence on their lines at some former period. Roads that have been charg- ing three cents passenger fare can continue to charge this rate without interference from the Commission.
 Two Important Cases.
 The fight on the Birmingham South ern is to make the trunk lines absorb the switching charges on It as they did when the road was owned by the Louisville and Nashville and the Southern railways. The idea of the cotton rate cases Is to have the roads encourage compressing at gins by Riv- ing an original rate on compressed cot- ton that is less than amount now paid for compressing; on the case from Un- ion Springs, that the roads allow com pressing there as in other places whero there Is a press, as well as concentra- tion.
 It will be several days. no doubt. be- fore the question of classification of the Alabama Great Southern Is settled ITntil that time that road will not have the new rates in. working instead up- der old Senate Bill 16. under which tbev first put in the State rates. It Is generally believe dthat the road will be returned to the first class. though put in the third by the Legislature,
 Much pressure will be brought to bear i'm A disposition of reciprocal fair nose on the people to refrain from su- ing those roads which accepted the state rates, for the excess over such rates during the five months they were fighting them. This would seem, many argue, but a fair showing of ap- nreciatIon on the part of the publi" f Inc roads which undertook to get along with the State. It is not thought at tbIs time that any suits will be filed aoo'-~+ them.