The Birmingham age-herald., 1907-09-08


 obstruct the course of public justice, and place you in the attitude of violating in
 your individual capacity the laws of the
 state of Alabama, as well as of the
 United States, which attitude l assume
 you do not wish to occupy.
 Believing that the questions in contro-
 versy should be adjudicated in the man. ner above indicated, I feel that nothing
 could be accomplished by the interview
 proposed by you, and you are, therefore,
 informed that the Louisville and Nash vile Railroad company will not be rep
 resented at the conference suggested, nt the executive office on the Fist and End instant, Yours truly,
 M II, SMITH, President.
 Chief Executive Department Alabama. B. B. Conner, Governor.
 Wm. p. Fort, Private Secretary, Montgomery, August 22 1907. Hon. Milton H. Smith, President l.. x N. Railroad Company, Louisville, Ky My Dear Sir: Yours of the 10th re-
 ceived and noted.
 Without discussing the facts in tho case, on which naturally we would aif- fer very much, I regret that you thought 1t would be unproductive of good results that We should have u con- ference regarding the adoption by your company of the recent legislative acts of the state,
 Enclosed find clipping from todays paper evidencing what I think is the states position on these laws. I will be glad if you will consider carefully and accept my assurance that am trying to avoid all unpleasantness all friction, | and wish to accomplish only that which believe to be reasonable and right. l believe the people of the state will vel come COnSerVati tive ncttpu m fha no rt pf your company toward giving these stat | utes fair and reasonable trial. Your company means very much to the people or Alabama, and tho people mean equally as much to your company, and 1t looks to me that you could find some conserve- tive ground on which you would mako amicable adjustment of these conditions. Please think carefully over the mat or, and at your convenience would be glad | to hear further from you.
 l will be absent from the state for 1 few days.
 I am writing by todays mail to tho N. c. St. L. and the Western along the same general lines.
 Yours very truly, (Signed) B. B. COMER, Governor, 0Iere is quoted the interview of tho governor to the effect that he will call the legislature in session If all the roads are not observing the new laws by Octo- Der D:
 Louisville & Nashville Railroad Company, Presidents Office, Louisville, Ky. Milton H. Smith, President. August 2S, 1901.
 Hon. B. B. Conner, Governor Montgom- cry, Ala
 Dear Sir: Your favor of August 22. en- closing a newspaper clipping containing statement from you which seems to be dated Montgomery. August 21 1907, and which you make an exhibit or part of your communication, duly received. In your communication of August IA | you say: Please allow me to call your attention that the legislature of Ala | bama in recent session enacted laws making certain regulations for railroads l regarding the passenger and freight rates. Your roads is violating, these laws every | day" As Is evidenced by the following | quotation from your statement of the 2lst, which you make part of your communi- | cation of the 22nd. you in effect reiterate | the charge that the Louisville and Nash 1 vile and South and North Alabama rail ] roads are violating existing laws: ''I shall endeavor at all times. to the utmost 1 of my ability, to use all lawful and proper means to secure the enforcement of the laws of Alabama" In reply to your letter of the 14th, I stated: Since March 20. 1907. the freight and passenger rates in controversy have been suspended in accordance with the express provisions of the laws of Alabama, and the enforce ment of said rates has been duly en- joined. Neither this company nor any of it's officers, agents or servants, has violated any provision of said laws. As
 the reduced rates have been suspended
 and their enforcement enjoined. they were not in force, and the non-observance of same. therefore. does not constitute public offense. Under these circumsta noes. I beg leave to deny your accusation that this company is violating these laws ev- cry day"
 am assured by counsel that the fore going statement is correct, and that both the Louisville and Nashville and South
 and North Alabama railroads are con ducting their operations in Alabama strictly in accordance with the laws of that state This has been made so plain that I am sure your legal advisers must have affirmed the correctness of this view, if you have consulted them.
 I am aggrieved that you should reter-
 ate the charge that the Louisville and
 Nashville and South and North Alabama Railroad company are violating the laws of Alabama.
 To re-state the contention: This state of
 Alabama having enacted certain statutes which the representatives of the Louis vile and Nashville and South and North Alabama railroads believed to be unlawful, and knew to be inimical those repre- sentatives appealed, as they had the right to appeal, to the department of justice, which. in our plan of government, was created for adjusting such disputes; and they assumed that the state, the other party to the contention, would await and abide by the result of the litigation. To put the rates in effect during the time necessarily consumed in presenting to the courts facts that will permit of an intel ligent conclusion would infict ire parable injury upon the companies should the courts sustain their contention by de- ciding that the acts in question are ille- gal. Instead of proceeding In legal and orderly way to secure ruling of the tribunal created for deciding differences between citizens, you undertake to force the Louisville and Nashville and South and North Alabama Railroad companies to accede to your unreasonable demands by threatening them with the infiction of destructive penalties: 1. e., rather than endeavor to secure an early adjudication in the courts, you attempt to accomplish your ends by intimidation. You assert your determination Ito convene the leg