The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25
viii File Petitions for |Djuncions
in United States Court al
Montgomery Today
BEGINNING OF A GREAT
LEGAL BATTLE IN STATE
Principal Claim of the Railroads VIII
be That the New Laws Are Con-
fiscatory-Will Support Claim
With Many Figures.

Petitions for temporary injunctions will
be filed today in the United States cir
cult court at Montgomery to prevent
the railroad commission and the attorney
general from putting into for the re-
cent laws passed by the legislature.
1t is the first gun of what promises
to be one of the hottest legal battles
this state has ever known. The railroads.
it is said, are determined to fight the
matter to the bitter end.
All the railroads will act in concert
ia filing the petitions for tho injunc-
ions, and they will aver mainly that
tho new laws are confiscatory and that
tns railroads cannot operate under them.
The maximum rate law, the "a cent
passenger law and the "110 articles law,
as it is known, will be those against
which injunctions will be sought to-
morrow. certain of the otLer laws seek
H., to regulate the railroads will be en-
10 - Il later.
None of the railroad attorneys will dis
cuss the matter and the only direct
informs ton obtainable from them is to
"watcn what happens" The information
however, comes from a raliable source,
arI 1t will probably create sensation
in both railroad end administration cir
cleJ when the matter becomes known
today.
The railroads acting are the Louisville
an. Nashville, which includes the South
ant North; the Southern railway, the
Frisco system, the Central of Georgia
railway, the Seaboard, or the Atlanta
and Birmingham Air Line, the Atlantic
Coast Line, the Alabama Great South
ern, the Mobile and Ohio and the other
roads operating in the state, probably
including the Mobile, Jackson and Kan
sas City.
Each of the railroads will make a
separate petition for an injunction to
keep each of the separate bills from be-
coming effective.
The railroads will probably aver that
unuer the new law they would not be
able to operate and pay their expenses.
They will present a mass Of figures. care
fully compiled, to show that with the
greatly increased cost of operating and
cc-t OF material, and the reduction of
til sir revenues which would result from
t..ese laws, they could not make enough
..oney to pay their actual expenses.
They will aver also that the reduction
of the passenger fare from cents per
mile TO 21s cents, will decrease their pas
senger earnings by one-sixth, and more
than enc railroad will seek to show that
it actually loses money in Alabama by
OF rating passenger trains at cents
De. mile. The Seaboard will aver that
it hes never made expenses since 1t oper-
ated in Alabama, and other roads will
aver and present figures to show that
their passenger service nets them moth
ing.
Maximum Rate.
The minimum rate law, they will seek
to show. would cripple them badly. They
will claim that many of the rates which
were made the maximum that could be
charged were commodity rates and were
established for limited length of tinic
or for some industrial purpose, and that
the railroads would lose money by hand
ling freight at those prices all the time.
They will aver that these commodity or
special rates are frequently established
for the purpose of aiding infant industries
or fostering other industries that could
otherwise not exist; and for other rea-
sons. such as protecting the iron manu-
facturer of this district and enabling him
to compete with the manufacturer OF
another district. 1t will be urged that
these rates are out of all proportion with
what is right, and that establishing them
as maximum rate would injure the rail-
roads infinitely.
The 100 article law specifies the rates
that shall be charged on certain raticles,
numbering 10. 1t specifies the car load
rate and the less than car load, specifies
the minimum capacity of the car and
other things regarding it.
The anti-pass law. the reciprocal de-
| murrage law and others will not be at
| tackled now, but it is probable that later
injunctions may be sought to prevent the