The Montgomery advertiser., 1907-06-04

| transportation thereof; and they deny that said rates charged by complain ant. promoted travel and business, and increased the general prosperity ct that portion of the county through which complainants roads in the State of Alabama pass; they deny that the reduction of rates as provided by said several Acts of the Legislature Of the State of Alabama, would not material ly increase the volume of passenger travel over its roads in said State; and they deny that they would not materially Increase the volume of freight of character which would under the rates fixed by said Act. pay fair, just and reasonable return to complainant for the use of its proper ty, devoted to the services of trans porting such freight; and they aver that said Acts, would materially in crease both said passenger travel. and said volume of freight; they deny that any of the rates fixed by said Act. prescribing a schedule for the trans portation of certain commodities. would pay complainant an amount of freight which would be less than the cost to complainant of transporting said commodities; they deny that the said rates fixed by said Act would not increase complainants net earnings, or the ratio of net earnings to the value of the property so used; and they deny that said rates would reduce the pro- portion or ratio that the net earnings upon intra-state traffic, during the year ending June 30th, 1906, errone- ously estimated by complainant in said bill, or properly estimated. bore to the value of the property devoted to such service. or the ratio that the net earning, now or hereafter to be earned, bore or will bear to the said value of said property. And further answering said paragraph, defendants say that, the rates fixed by said Act for the transportation of certain com modities are upon, and affect only one hundred and ten commodities out of many thousand; that among the articles unaffected by said Act are mining materials of every kind and mining products, which de- fendants aver constitute the major DOT tion of the intra-state traffic of com plainant in Alabama: that while said materials and products may be gener- ally classed as low class freight, they are in fact by reason of the conditions attending the transportation of the same by complainant, very profitable; the expense of the transportation Of the same partakes of many of the features of interstate traffic., and Is low; and the net income from the same by reason of its great volume, high percentage of paying to dead load, and other features, is very large, both in percentage and amount: and furth- CT answering said paragraph, they say that the rates fixed by said schedule upon said one hundred and ten articles other than fertilizers were and are the same as was and is charged for the transportation of the same. in the States of North Carolina, and Vir- ginia; that the railroads in said States. although the rates upon many of said other commodities, are lower than Is charged and prevail for the transpor- tation of the same in the State of Ala bama, are and have been for long time transporting the same, at the same or lower rates as above stated. as affording them fair, and reasonable compensation for such service; ana without opposition from them; and defendants further aver that the said rates upon fertilizers, fixed by said Act, are the same as was, and is charged by the railroad in the States of Mississippi and Louisiana, Tor the transportation of the same. and without opposition from said railroads therein; and defendants aver that the tonnage of fertilizers in the State Of Alabama is much more than that which is annually transported in the States of Mississippi and Louisiana; and defendants aver that the popula- ton per mile of railroad. Is the same or greater In the State of Alabama, as or than in said States above nam ed; that the volume of intra-state traffic is much greater in Alabama. and the cost of construction and mainten- ance of the railroad in said States Is the same or less than in said States above named. And defendants aver that said rates is fixed by said act pre- scribing said schedule of rates for certain comodities are just and reas- onable
 "Ninth-And defendants for answer to Paragraph Ninth of said bill say they admit that the equipment of com p1aint is inadequate for handling the rapidly increasing demand upon com plainant' for transportation in said State, and that the transportation of freight is greatly delayed for want of proper equipment.
 Admit No Improvement Charges.
 'Tenth-And defendants for answer to Paragraph Tenth of said bill. say they have no knowledge as to whether complainant has the money with which to make said improvements stated therein, nor as to its capacity to bor- row money for such purpose; but they
 
 charge such rates for the transporta- tion of It's intra state traffic. as will enable 1t to make said Improvements. and to increase its facilities from It's earnings; and they aver that if com plainant were permitted to charge rates sufficient for such purpose. It would thereafter to such extent receive an Income upon an investment not made by it, but by the people of Ala. bama.
 "Eleventh-And defendants for an- swer to Paragraph Eleventh of said bill say: they deny each and every averment and allegation thereof: and they deny that complainant Is entitled to any fixed or particular interest up- on its said investment
 "Twelfth--And defendants for an- swer to Paragraph Twelfth of said bill say: they deny each and every averment and allegation thereof; and further answering said paragraph de- fendants aver that by reason of econ omies practiced by all regulated and we'll managed railroads, in road bed tracks. equipment. and in the handling of traffic. and by reason of the char aeter, volume and density of said traf- ic of complainant, the cost of Its said trafice per hundred pounds has great ly decreased.
 'Thirteenth-And for answer to Paragraph Thirteenth of said bill de- fendants say they admit the enactment by the Legislature of the State of Ala hama of an Act to fix passenger rates as set out in said paragraph; but they deny each and all of the alleged ef- fleets of said Act stated In said para