The Montgomery advertiser., 1907-08-09

accordance with the terms hereinafter stated, 1t is willing to put into effect, pending the determination of its suit, the two and one-half cent intra- State passenger rate prescribed by Senate bill No. S.
 Tn the interest of order and peace it now proposes to you the following set- clement:
 Figst-That the license issued to it on July 1st 1907, be restored by the cancellation of the revocation of such license. or in such other manner as may by counsel be declared to be ef- fective,
 Second--That one test case shall be made to determine the constitutional ity of Senate bill No. 8e, or so much thereof as would visit upon the South ern Railway Company or It's agents and employees punishment for the ex- ercise by the Southern Railway Com pany of any right which it may have under the Constitution and laws of the United States to remove a case from a State to a Federal court. It Is suggested that this test case be | made in the State Court by the defense of the indictment already pending, or I by some other indictment to be found against the Southern Railway Com pany, and the State and the Southern Railway Company to use all means to | of this test case in the court of last resort. Third-No other prosecutions to be instituted against the Southern Rail- way Company, or any of its agents, officers. or employees on account of it's having filed such petition Tor removal. Fourth-The Southern Railway Com pany to apply at once to Judge Jones | for such q modification of the interlo- l nuf n of the Southern Railway Company against the Railroad Commission of Alabama as will enable 1t to put into effect the statutory intra-State pas- senger rate of two and one-half cents per mile (Senate bill No. 5) pending the final determination of that case. the rate to become effective from and after September 1st. 1907. | Five--Boh parties to said case in the | Circuit Court of the United States to use all reasonable endeavors to expe- | dite this hearing and Anal determine | ton.
 | The result of carrying out such an agreement as this will be to test by | proceedings instituted in the state court whether the Southern Railway l can be deprived ot its right to remove I a case from the State court to the Fed l eral court; to test In. the suit now pend ling the reasonabieness of the rates Axed | by the several acts of the Alabama Leg l lslature above referred 10, but to give l to the public the advantage of the two and one-half cent passenger rate pend ing determination or the case, the | public being secured also against loss on account Of the continuance of the | regular freight rates of the Southern Railway Company by the bond which has been executed for this purpose up- on the issuance of the interlocutory injunction.
 In making this proposition we feel that we are affording to the people of Alabama what has been afforded to the people of North Carolina and Virginia. Very respectfully. Southern Railway Company.
 By J. $. B. Thompson, | Assistant to the President.
 Alexander P. Humphrey. General Counsel.
 | Montgomery, Ala, Aug. 8. 1907. Hon. B. B. Conner, Governor of Ala
 bama, Montgomery, Alabama. Dear Sir:-We handed you this morn ing a memorandum bearing even date with this, and had with you upon the general subject an extended interview.
 You made known to us that our prop osition as therein embodied was not satisfactory.
 Following the suggestion made by YOU, we now propose to amend our proposition by providing that the Southern Railway Company will apply at once to Judge Jones for such mod ihcation of tn interlocutory injunct- ion issued in the suit of the Southern Railway Company against the Rail- road Commission of Alabama as will enable 1t to put into effect the statu- tory passenger rate Of two and one half cents per mile. (Senate Bill No. D, nending the final determination of that case. the rate to become effective from and after September 1. 1907. and also as will enable 1t to put into effect the statutory freight rates. (being Senate BilI No. 16), pending the final determin- ation of that case. these rates to be- come effective from and after Septem- Der 1. 1907.
 Our proposition otherwise to stand as made.
 This. as we understand from you this morning, relieves all the difficulties of the situstion.
 Yours very respectfully,
 Southern Railway Company.
 By J. s. B. Thompson.
 Assistant to the President. Alexander P. Humphrey. General