The Montgomery advertiser., 1907-08-28

 ing the mode of testing the validity, reasonabIeness or fairness, of any maxi mum rate, etc. approved March {. 1907, gives the carrier the right to contest a particular rate; 6 right it would not have if rhis bill depended merely upon the violation of the Four teenth Amendment Of the Constitution of the United states Tn effect. com p1ainants challenge the reasonable ness of the statute as to each of the twenty-nine articles.
 There Is no proof before the court as to the reasonableness of anyone of these single rates. indeed, in the na- ture of things it would be most diffi- ateiy shown in any event. The near est approximation to it would per- haps be the average cost per ton per mile in the transportation of freight in the locality where the service is performed. As to this. the court has no evidence, and the charges Axed by the statute are prima facie reason able.
 '"The only remaining question is. whether the rates in existence upon these articles prior to January 1. 1907, as they then stood. amount to an un- just discrimination against localities or persons. similarly situated. and, therefore. may be changed and increas- ed by the carrier. to prevent such dis crimination so long as the increase it. self 1t not unreasonable in view of the service rendered.
 "The State statute itself. Section 3462 of the Code of Alabama, permits special rates for the announcement of industries; but the carrier is not bound to put them in, if they amount to an unjust discrimination, or are not remunerative. It would seem also that the legislature has not the pow CT. where the circumstances and con- ditions are alike in all respects, to compel the carrier to discriminate be- tween localities and persons.
 Left to Final Hearing. "All the increases of rates are upon
 twenty-nine articles of freight for building and construction material to coal and ore mines. and stone quar- ries. and on raw material, such as coal, ore and limestone for furnace use. and in the shipment of pig iron between points in the different zones. Tt is earnestly insisted that the conditions which justified the former rates, in some instances, have entire | ly changed, and that all of the in- creases are necessary to prevent in- | equalities and injustice and to put | all business in the same zone or group of territory, on an equality.
 These are matters which cannot well be determined on a preliminary in- Junction, and can be better left open, the question being in some doubt on ] the proof, to be determined on final | hearing.
 'Tf, however, persons and localities interested in the shipment of the arr ticIes named, or complainants desire i they may apply for leave to put in such | individual rates as are necessary to prevent injustice and inequality, and | the matter will be referred to the mas- l ter, after notice, to be prescribed in the order, to the Railroad Commission, and 1 after the coming In of his report such decree will be made as equity and jus tice in the particular case may require
 An order will be entered requiring | complalnants after September 30th | 1907, to restore the rates on twenty | nine articles named. to the rates which were in force on January 1st. 1907 i but tho court will continue in force the suspension of those rates. hereto fore ordered by the court until and
 including the 30th day of September. l 1907.
 ''The consideration applies to the 1 like cases. of the South and North
 Alabama Railroad Company and the
 same decree will be entered in that | case"