The Montgomery advertiser., 1907-10-22
Governor and Southeril
 Get Together. PENDING LITIGATION
 WILL BE DISMISSED
Road Permitted to Charge 2 34
 Cents and Georgia Freight Rate
No Conference Held by Milton IT, smith of Louisville and Eash-
 Vile, ana sltuatio. Re-
 mains in statu quo.

Under Au agreement between Cow ernor Confer and the officials of tho Southern Railway. reached yesterday. the Southern will dismiss its litigation attacking the law-nade rates in tila Federal courts. and the State of eAia- bama will permit the road to charge . passenger rate of 3-4 cents mile and a freight rate permitted the same road in Georgia, which is 25 per cent higher than the standard Georgia rate.
 The Southern is also assured fin thla agreement such immunity from the legislation of the special session of the Legislature as Governor Conner and the membersfof the Railroad commis- sion can give 1t.
 lBI.1 9, -e sS.ffe .t1 is he cnDtaea
 Conner and the Louisville and Nash vile. President Milton H. Smith of the Louisville and Nashville, who spent yesterday In Montgomery, did not so near the Capitol
 ; He retired early last night at his room in the Exchange, after annonucS ing that he had no statement on the action of the Southern. He will re- main In the city throughout today.
 It Is possible. but not certain. that he will see the Governor today. There was no indication last night that the policy of the Louisville, and NashvillB would change and. therefore, there was no intimatlon that the extra session would not come as ordered on Novern~ Der [. l
 other Roads May Be Hneluaea.
 The agreement with the Southern was reached last night at the Govern or's Aoffice. IL will be formally signad today in the Governors office Thara was gossip In the hotel lobbies lAst night that other roads in the Sfhtes but not the Louisville & Nashviil4 would come in under the anfne terms
 Color was lent to this KoHsip by thei nnnher of othAr railroad ciIleiaiz whp want to the Executive otaee yesterday to talk over the sitaation. In addition to President ". W. Finley. of the >southern, and Vice President zL L. Rua- sell, of the Mobile & Ohio. President I. M. Emerson and District Attorney A. A. Wiley, of the Atlantic Coast Line. General Manager L. Secier. of the Sea board Air Line. and Diatrict Attorney E. K. Campbell, of the Frisco. were attendants at the protraeted all-day conference in the Governors office
 The railroad officials went tn one by one, and after the announcement was made as to the details. of. the amrea- ment with the Southern, the prediction was made that other roaods would come in. for the terms are much bet ter than the rates quoted by the Leg isIature.
 ] The passenger rate. while fixed on a basis of s-4 cents. allows mileage books of 1 1000 or 2.00o miles to be sold at a rate of 1-4 cents, and fam fly books of 800 miles at 3 l-3 cents a mile,
 The agreement establishes the qScr- gia freight rate in Alabama for the Southern.
 May Get Them Lowered.
 oF FA agreement is the right retained by the road to apply to tke Railroad Com mission after six months trial to hava any rate raised which was found to ba too low. And if the Commission failed to do this. the road would have the right to go into the courts to have the rate lowered.
 ment. therefore are the establishment of a passenger rate higher than that made. by the acts of the Legtslatures the GeorGia rate on no commodities named in the special rate bill. tho right of the road to appeal to th@ courts if the rates were found unsatis- factory. the immunity from any act ee the Legislature in extra session. and the dismissal of all pending litigation. 'sThe agreement, of course. is based upon rood faith" said Attorney Gen~ eral A. M. Garber In discussing 1t last night Tt means that the Governor the Railroad Commission and the At- torney General will do all in thety pow CT to carry it Into effect.
 A further conference will be held this morning between Colonel Garber and Colonel Russell. acting for the southern and its allied lines. at which a bill will be drawn up for the dtsnlis- sal of the suits pending in the courts between the southern and It's allied lines.
 course include the Southern. the Ala bama Great Southern Naad the Mobile and Ohio What the other roads VIII do remains to be seen today No Change in Attitude.
 The attitude of the Louisville and Nashville was the same last night aM 1t was Sunday night. Therefore, there was no change in the chances or pros meets for the extra session of the Leg Islature The Louisville and Nashville ts where it was when the big confer ence began.
 Today will develop the certainty ol uncertainty of the extra session. But last night 1t appeared to De certain, fact. no lntimation that President Smith had altered his determination to test in the courts the acts of the Leg lslature regulating railroads and HxinG rates President smith will. however remain in the city, and 1t IS posslble that he will see the fevsr1ar. but not certain. Undoubtedly, the Lo lisvitle and Nashville could get the same ferpfF given the Southern. by surrendering its rights to test the Legislative acts tn the courts. F
 The declaration of Attorney General Gatber that the agreement was based upon good faith. was timely in view of the fact that the Agreement In itselG is not binding in several features. The Governor. for instance. could not give an Immunity bath" tc the Southern so protect It from any legisiation by an extra session of the Leg siazure. He could. however. use his influence with
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