The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-05-07
FERTILIZER FIGHT
ON At THE CAPITAL
Legislature Investigating Com
mittee Probes Alleged Violations
DENY GRAYS APPLICATION
The Supreme Court Rules Against the
Minority Stockholders of the
North and South
Railroad.

Montgomery, May 6.-(speciaL)-Th SUI
preme court has again ruled against
Henry b. Gray minority stakeholder in
the South and North railroad, though IN
minor way, SO to speak, and going no
further than was the case on another day.
In this case it Is the denial of an appl-
cation for a rehearng in the case wherein
it was held that a restraining order of
the city court of Montgomery. preventing
the progress of litigation in the same lines
sought to be reached here. in the cham
Gerry court of Birmingham, was without
authority.
This is one of the many phases that has
been attained by the litigation set on foot
by Mr.. Gray and other minority stock
holders of the South and North to prevent
the sale of the said road to the Louisville
and Nashville, the owners of ninety per
cent of the stock. There have been two
or three important orders issued by the
Montgomery court, as result of which
the whole matter Is in the courts and
the Louisville and Nashville is estopped
from further progress in the sale of the
minor road to the majority of the secur-
ity holders Among others there is a
judgment of custer, wherein it is held that
under the Alabama law the Louisville and
Nashville has no right to operate the
smaller road, as it is doing This, with
the ruling that the road could not be Sold
and an application for receiver, is now
pending in the high courts.
Travellers Coming.
The state council of the United Com
mercial Travellers will meet here Friday
and Saturday, bringing to the city four
to five hundred delegates. The officers
are Senior Counsellor st. John Turner,
Mobile; Junior Counsellor C. NJ Tardy
Birmingham Grand Secretary Holt
Smith, Montgomery; Grand Treasurer j.
A. Young, Montgomery.
Gov. b. b. Conner and Superintendent
OF Education II. c. Funnells are at Elv-
ingston, where a session of the trustees
of the Livingston Normal is being held.
1t is understood that there will be several
changes in the working plans of the
school, which is presdtd over by Miss
Julia Tutweiler, long a leading educator.
At an election to be held Tuesday p B.
Mastin will be chosen member of the
legislature from Montgomery county to
succeed the late Speaker w l.. Martin
The city election will also be held Tues
day.
The Cypress Tank and Clstern company
has been Incorporated al Flomaton with
capital of $1,000. The incorporators are
M. l.. johnson and others
Permission has been given the stock
holders of the Sheffield Trust company at
Sheffield, and the Sheffield Development
company of the same city to hold meet
ings outside the state
The question of the tariffs of the South
ern Express company, recently filed with
the state railroad commission was before
the May session of that body today. at
which time Superintendent Minor of the
southern division made explanation of
the charges in this section of the country.
He said that recently some of the lines
had increased the charges laid on the
company but as a rule there had been
little change. The commission held the
whole matter over for further consider
alton.
The entire membership was present at
the meeting. President Henderson pre-
sided and had the support of Associates
Harris and Nesbitt. There was a num-
Der of cases talked of that did not have
place on the docket, but nothing of in
terest done. The question of a ruling re-
curing the Central of Georgia to check
baggage off its own lines ON mileage
tickets was given some consideration.
along with other details of convenience
to the public.
The Central of Georgia reported an
agreement to build station at Sterretts.
and the same thing will be done by the
Louisville and Nashville at Reeds Gap
Both cases were continued pending the
completion of the work.
Petitions were continued as follows:
Road crossing on the Southern at Old
Garner; depot at Vandiver on the Central
of Georgia; dscontinuance of stopping
trains at Vinemount; depot at Malcolm
on the Southern; to close agency at Con-
oily on the Manistee and Repton.
Fertilizer Committee.
The work of the fertilizers committee
of the legislature. which was begun to-
day, Is likely to attract attention from
all sections of the south. 1t is proposed
TO go fully into the question of whether
or not series of prices exist to the
detriment of competition and the inter
cts of those who have to use the goods.
Senator NJ. l.. Leith is head of the COM
mittee. and he asserted on the floor of
the senate that conditions were such that
changes ought to he made.
In a speech on the floor Senator Leith
said that fertilizer of the same CONNER
cal value is shipped from Baltimore to
Walker county and sold as cheaply as
the same goods made at Florence, though
there is a difference of several dollars in
the freight rates. He also said that in
some cases goods below the commercial
test were sold in spite of the laws and
that there were many other cases where
acts out of line with Justice and right
were dore. MANY manufacturers are here
10 appear before the committee and will
undertake to show that the charges are
not right and that they are not doing
other than what is recognized as correct
In business circles. Among those who
appear before the committee Is w. F.
Nandiver of Montgomery president of the
Alabama Agricultural association
The fertilizer and cotton oil mill in
vestigating committee OF the legislature
met today at noon at the New Exchange
hotel for the purpose of investigating al
legged violations of law by manufacturers
and dealers in commercial fertilizers and
cotton seed products Present at today's
session We're Chairman. NJ. L. Leith.
merabcr of the senate; Senator John w.
Overton, Representatives w. L. Pitts and
D. T. Powers. Representative Sample be-
ing absent. Assistant Attorney General
Martin represented the state in legal ca
pacity.
The morning and afternoon session was
taken up entirely in the nearing of w. l..
Dumas secretary and treasurer and r.
w. Henderson. president of the Planters
Chemical and Oil company of Talladega
Both of these representatives had been
summoned before the committee for an
investigation of the plant represented by
them, and hearing of the questions pro-
pounded lasted over two hours. when the
committee adjourned for dinner
The committee was very thorough in
its Investigation of these cases. going. in