The Montgomery advertiser., 1907-08-05
STRONG ANIMATION OF
 COURSE 10 BE PURSUED
Officials of Railway Now in Con-
 ference in New York.
Suexestion Made That Railroad Coeio' if Desired, Remedy Conditions By withdrawal e The Petition for Removal of Talladega Case to The Federal
 Court.

It was strongly intimated. at an early hour this morning, following the arrival of a high official of the ,south- srn Railway in Montgomery, that that system would determine. as has oee" feared for the past two days. to witn- draw from Alabama so far as local or interstate business is concerned.
 J. s, B. Thompson. the assistant 'o President Finley, of the road. and the man who has for years. had charge or the litigation of the Southern Railway In the Southern States. came to Mont- romerv at midnight from his head quarters in Atlanta. He was accom- panied by his Private Secretary. E. B. Rock, Jr., and the two Immediately repaired to the Exchange Hotei' anu retired within a short time.
 News of the arrival of MT. Thomp- son immediately started rumors tsat the expected litigation between the Southern and the State over the oroeF of Secretary of State Julian revokihs the franchise of the railroad in Ala bama was to be begun today.
 This rumor, however, met with positive denial. Mir. Thompson oouio not he seen in person, having retired, hut from those close to him 1t was learned there was no intention, at o'clock this morning, that any legal action in the case would pc taken to- day.
 The statement was made positively that MT. Thompson was here on an entirely different errand. He was nere to appear before the railroad commis- sion. it was saio, which holds Its monthly meeting at the 'Capitot today'
 No statement could be secured as to the policy the Southern would pur- sue in the matter or the revocation or its fraichise, but il was very strongly intimated that when the officials or the system finally reach conclusion in the matter, 1t is very apt to De determina tion to withdraw from all To- cal business in Alabama. There Is practically no other course Tor the road to pursue, it was pointed out but to do as the State has demanded cease to be any intrastate business.
 This decision would apply to both passenger aid freight traffic. It woull be impossible for Birmingham or Sel- ma or Mobile, or any of the interven- ing towns along the Southerntohave any communication, either in the transpor- tation of passengers or the shipment of freight, with one another. It would be possible. in the case of passenger traffic, to buy tickets beyond the State line, and then purchase other tickets back over the State line to the real point of destination. But even such a subterfuge as this would be impossible in the case of the ship ment of freight. as there would be, in most cases, no one at the out-of- the-State terminal point interested in the proposition of rebilling and re- shipping.
 Such a course, If the Southern final ly determines to pursue it, as now seems very likely, would be universal ly regarded as a calamity to the State. and especially unfortunate for those citizens who reside in and tributary to the towns and cities which depend upon the various lines of the Southern for their supplies.
 It is known that officials of the Southern Railway are in New York conferring over the situation which has arisen in North Carolina. and 1t is equally certain that if they are there for a. conference they will go over the situation in Alabama. in which the francheses of the road Is declared for feited.
 Beyond doubt the Alabama situation is receiving attention and plans are being discussed as to how best to meet that, situation and preserve the in tegrity of the road.
 It has been stated that the road was caught Mapping" when 1t permitted itself to be caught out under the Outlaw Act" which was known in its passage through the Legislature as Senate Bill S6. It has been in timated that the road, while watching the other Outlaw Acts." overlooked this particular one which had not been enjoined.
 All this Is a mistake. The attorneys for the road were quite as familiar with the provisions of this act as they Legislature. This Legislature has been remarkable from the lack of lob bying by representatives of the rail- roads. There was no lobbying. but the attorneys kept closely informed on every bill proposed affecting the in terests of the railroads. Each bill was closely studied as soon as a copy could be secured.
 The attorneys of the Sothern there fore knew perfectly well the effect of their action in taking this case from the State court at Taiiadega to the Federal court at Anniston The at torneys were absolutely certain. too that the provisions of the law under which their charter was forfeited would be declared unconstitutional as soon as any court had a chance at it. The Supreme Court of the United States has settled that particular aues- tion.
 The suggestion was advanced yes- terday that in the dilemma that con fronts the Southern officials as to the situation in Alabama as to the revoca- tion of its franchise, a comparatively
 
 they choose to seize it. Like all other solutions of the problem however the latest suggestion Is fraught with some difficulties, and 1t is urged in some quarters that it would not prove to be q remedy at all.
 Might Withdraw Petition.
 The trouble. it will be rcalled. ell