The Montgomery advertiser., 1907-09-07
WHY PRESIDENT SMITH OF L. AND N.
 DECLINED TO CONFER WITH GOVERNOR

States position on these laws. I will be glad if you will consider carefully and accept my assurance that I am trying to avoid all unpleasantness. all friction, and wish to accomplish only that which believe to be reasonable and right. l believe the people of the State will welcome conservative action on the part of your company towards giving these statutes a fair and reas- enable trial. Your company means very much to the people of Alabama, your company, and 1t looks to me that you could find some conservative ground on which you would make amic- able adjustment of these conditions.
 Please think carefully over the mat ter, and at your convenience I would be glad to hear further from you.
 T will be absent from the State for a few days.
 T am writing by today's mail to the Nashville, Chattanooga and St. Louis and the Western along the same gener- al lines.
 Yours very truly,
 (Signed) ''B B. Conner Governor
 Louisville, Ky, Aug. 28. 1907. Hon. B. B, Conner. Governor, Mont
 gomery, Ala:
 Dear Sir-Your favor of August 22nd, enclosing a newspaper clipping containing a statement from you which seems to be dated Montgomery, Au- gust 21, 1907, and which you make an exhibit or part of your communication, duly received.
 Tn your communication of August 14th you say: Please allow me to call your attention that the Legislature of Alabama in recent session enacted laws making certain regulations for rail- roads regarding the passenger and freight rates Your road is violating these laws every day
 "As is evidenced by the following quotation from your statement of the 21st, which you make a part of your communication of the 22nd, you in eff feet reiterate the charge that the Lou isville and Nashville and South and North Alabama Railroads are violating existing laws: I shall endeavor at all times, to the utmost of my ability. to use all lawful and proper means to secure the enforcement of the laws of Alabama
 Tn reply to your letter of the 14th. I stated: Since March 30, 1907. the freight and passenger rates in con- troversy have been suspended in ac- cordance with the express provisions of the laws of Alabama, and the enforce ment of said rates has been duly en- ANGllACI tIko COAupdhy HUI any of its officers, agents or servants has violated any provision of said laws. As the reduced rates have been sus- pended and 6heir enforcement enjoined, they were not in force, and the non- observance of same, therefore, does not constitute public offense. Under these circumstances. I beg leave to deny your accusation that this company is violating these laws every day
  foregoing statement is correct, and that both the Louisville and Nashville and South and North Alabama Rail- roads are conducting their operations in Alabama strictly in accordance with the laws of that State This has been made so plain that I am sure your legal advisers must have affirmed the correctness of this view, if you have consulted with them.
 q am aggrieved that you should re- fterate the charge that the Louisville Alabama Railroad Companies are vio- lating the laws of Alabama.
 ITO re-state the contentious: The State of Alabama having enacted cer- tain statutes which the representa- lives of the Louisville and Nashville and South and North Alabama Rail- roads believed to be unlawful, and knew to be inimical, those represent atives appealed, as they had the right to appeal. to the Department of Jus tice which, in our plan of government, was created for adjusting such dis putes: and they assumed that the State. the other party to the contention would await and abide by the result of the litigation.
 ''To put the rates in effect during the time necessarily consumed in pre- senting to the courts facts that will permit of an intelligent conclusion, would inhict an irreparab1e injury upon the companies should the courts sus- tain their contention by deciding that the acts in question are illegal. In- stead of proceeding in a legal and or- derly way to secure a ruling of the tribunal created for deciding differ ences between citizkns, you undertake to force the Louisville and Nashville and South and North Alabama Railroad Companies to accede to your unreas- enable demands by threatening them with the infliction of destructive pen alties; l. e., rather than endeavor to secure an early adjudication in the courts you attempt to accomplish your ends by intimidation
 You assert your determination to convene the Legislature to pass Sun day Freight Train Law Law Do- mesticating the Foreign Corporations. an Excess Baggage Bill and bills af- fecting freight rates and to avail yourself of the services of legal coun- sel to prepare such railroad legisla- tion as you believe the people of Ala bama need-'will retaliate in every pos- sible way on the railroads.
 Has it occurred to you that your methods are those of the highwayman your money or your life. Adopt the reduced passenger and freight rates that are not in effect or ]. as Chief Executive of the State of Alabama, will destroy you' Why should the State of Alabama sandbag the Louisville and Nashville and South and North Ala- bama Railroad Companies?
 The Louisville and Nashville Rail- road Company became interested in Alabama when. fin 1871. it took over from Sam Tate and associates, with the consent and approval of the South & North Alabama Railroad Company, an uncompleted road, and undertook to complete it. And 1t proved to be a most onerous obli- gation.
 Its next venture was the leasing of the Nashville and Decatur Railroad. In 1881 1t acquired the road from Mont gomery to Mobile and from Mobile to New Orleans. thus giving 1t main line in the State of Alabama from near Elkmont to Grand Bay. distance of about 4l6 miles
 Tn 1884 it entered upon the con- struetion of branches, and has since that date constructed and acquired S46 miles of main line branch roads As these branches have been largely constructed in mineral districts, the side-track mileage forms a large per- .T,t,fg ,f