The Montgomery advertiser., 1907-07-21
Louisville and Nashville
 Goes Into Court.
ALLEGES USE OF DEPOT
 IS COSTLY AND UNFAIR
Matter Set for Hearing Before Judge
 Jones Next Saturday.
Gregory L. Smith, Attorney For Rail- road, Gives Out Statement With
 Strong Presentation of Facts,
 on Railroad Side of The Question.

Question.
 The Louisville and Nashville Rail- road yesterday applied to Judge Thomas c. Jones of the Federal Court for an order to restrain the Alabama Railroad Commission from compelling that road to use the new passenger station at Mobile.
 The action was brought in Judge Joness court rather than in that of Judge Toulmin at Mobile. because the act of the Legislature has by law es- tablished the domicile of the Commisz sion in Montgomery and directed the bringing of suits in this city.
 Judge Jones has set down the case for a hearing next Saturday.
 The Louisville and Nashville, in its bill praying for the restraining order. alleges that it would be costly unjust and unfair to compel that railroad to enter the new depot They submit as one of the principal features of the bill the fact that the Terminal Com pany which owns and controls the depot is collecting on a "wheelase" basis; that is, they charge when a train comes into the depot and when a train runs out of the depot.
 The road submits that this would be unfair to the Louisville and Nashville. because practically all of it's trains coming Into MODllo are tnIouSn trdlnS and would therefore have & double charge to pay. It Is submitted that the Louisville and Nashville would have to pay double the cost for the same amount of service as any other railroda entering the depot.
 On the other hand. it is pointed out the roads which use the new union passenger station do not run through trains. Their runs" begin and end at the Mobile station.
 statement by Smith.
 In c statement issued directly after the fling of the bill. Gregory l.. Smith. of Mobile, who with George w. Jones of Montgomery. represents the Louis- vilre and Nashville in the litigation. road. X It Ia declared in the bill and in the statement of MT. Smith that the special act passed by the Legislature in refer ence to the Mobile passenger station is discriminatory ind that as matter roads entering Mobile. 1t effects in its operations only the Louisville and Nashville. It is declared further that the special act is in direct violation of the Inter- state Commerce laws and If carried Into effect will seriously interfere with the interstate business of the Louis- vile and Nashville.
 In full the statement of MT. Smith Is Tn 1903. the Legislature passed a local act authorizing and directing the railroads entering the City of Mo- bile to procure the construction of a union depot, and provided that if any one of the companies were willing to do so, it might build the same upon location and according to plans 10 Ee approved by the Railroad Commission
 None of the companies entering Mo bile constructed such depot, but pri- vate terminal company, under the name of the Gulf Terminal Company was organized for that purpose, and lo- cation was selected and a depot built in conformity to specifications approv- ed by the Railroad Commission.
 The Mobile and Ohio Railroad Com pany and the Southern Railway Con- pany are using this depot, but the Louisville and Nashville Railroad Com pany and the Mobile, Jackson and Kan sas City Railroad Company are not us- ing it.
 "On July B. 1907, the Railroad Com mission made an order that the Louis vile and Nashville Railroad Company should, within ninety days receive and deliver passengers, upon all of .heir trains at this depot: further. that in thirty days from the making of the order they notify the Commission
 
 terms for the use of the depot.
 Difficult of Access.
 This depot Is situated a the end of the yards of the Mobile and Ohio Rail road and the Southern Railway. and it is about 2.0O0 feet west of the track of the Louisville and Nashville Rail- road and approximately mile from its present passenger depot at the n- tersection of Government and Con- merce Street.
 ITO reach this depot. the Louisville and Nashville Railroad would have to leave Commerce Street and pass over the track of the Southern Railway upon heavy reverse curves, and cross several tracks of the Mobile and Ohio Railroad and the Southern Railway Ry trayersing a distance of about 2.S00 feet. its trains would reach track on the outside of the shed of the depot.
 Tt frequently has several trains at th depot at the same time, and when more than one train would be at the depot, the second train would naVo to pass over the same curve and go northWardly an additional distance of about 2 900 feet, in order to get in the interior of the shed.
 Reaching the depot in this way would under ordinary circumstances. delay the Louisville and Nashville Rail- road Company's trains from thirty to thirty-five minutes.
 Mobile is the terminal of the Mobile and Ohio Railroad and also of the Southern Railway, and there is but lit- tie interchange of passengers between the Louisville and Nashville Railroad and either of these roads. so that stop ping at the terminal depot would ad- vance the convenience of only a small portion of the LouiVille and Nashville Railroad patrons, and would delay the majority of its passengers between thirty and forty minutes.
 Wheelage Basis Unfair.
 "The depot itself is built at an ex- pense of about s60,000. and the usual arrangement for the joint use of depots is upon a wheelage basis. by which each railroad Is charged according to the number of cars that enter the de- pot, and when train goes in and out, A double charge Is made.
 tha danot is the terminus If