The Montgomery advertiser., 1907-09-07

these matters so as to avoid friction. The people of Alabama wish to live in the utmost accord with all the pub lie service corporations. think fur tions will In the end secure their best interest by conceding many things along this line which they might think detrimental to some of their interests.
 T will be here at the executive of- flee on August 21st and 22nd. and will be glad to meet with any representa- tive of your road with authority from your company to discuss the necessity of the observance of the laws of this State by your company.
 Yours very truly,
 (Signed.) "B. B. Conner.
 Governor z" Hon. B. B. Conner. Governor. State of
 Alabama, Montgomery, Ala:
 Dear Sir--Your telegram and let ter of the 14th inst. have just come to my attention.
 "The Legislature of Alabama having enacted certain statutes, which were approved by you as Governor, materi- ally affecting the interests of the Lou isville and Nashville Railroad Company, and which the management believe to be illegal. proceedings were instituted in the Circuit Court of the United States for the Middle District of Ala bama for the purpose of securing a Judicial investigation and decision from the courts of final review as to the validity of said statutes, so far as they applied to said company and the South and North Alabama Railroad Company.
 At the hearings Tn said court on the applications for restraining orders and injunctions pendente lite, the Railroad Commission of Alabama was represented by able counsel, including the Attorney General of the State, and thus the States designated represent atives became parties thereto.
 This company has in compliance with the orders of said court. given a bond and stands ready and willing to give additional bonds from time to time, as may be required, to protect the interests of all concerned, should the final decision in that litigation be ad- verse to its contentious. Since March 30. 1907, the freight and passenger rates in controversy have been sus- pended in accordance with the express provisions of the laws of Alabama and the enforcement of said rates has bean duly enjoined.
 Neither this company nor any of It's officers, agents or ser wants, has violated any provision of said laws. As the reduced rates have been suspended. and their enforcement en- Joined. they we're not in force, and the nonobservance of same, therefore. does not constitute a public offense. Under these circumstances, I beg leave to deny your accusation that this company Is violating these laws every day.
 Such proceedings having been thus instituted have been acqufesced in by you as Governor and all State officials for more than four months without any question of their validity, and should be prosecuted to conclusion in an orderly and lawful manner. The Louisville and Nashville Railroad Company is law abiding citizen. and has in the past, and I trust will always in the future, com ply with all legislative enactments. re- serving the inherent right of all citi- zens, individual or corporate, to obtain a decision in the courts of justice as to the legality of such acts as may be questioned.
 The officials of the State of Ala bama. having been thus cited to court having undoubted Jurisdiction of the subject matter. and having responded to these legal proceedings and become parties thereto. all law abiding citizens should cooperate to secure an early ad- judication and abide by the result therein.
 T respectfully submit that you. as citizen and the chief executive of the State of Ala abama, should also CO o-operate In securing a speedy and final adiu- dication of these matters in the courts of justice. Any other course on your part would tend to obstruct the course of public justice and place you in the attitude of violating in your individual the laws of the State of Ala bama. as well as of the United States which attitude I assume you do not wish to occupy.
 Relieving that the questions in con- troversy should be adtudicated in the manner above indicated. I feel that nothing could be accomplished by the proposed by you, and you are therefore, informed that the Louisville and Nashville Railroad Company will not be represented at the conference suggested. at the executive office on tn 2tst or 22nd instant
 Yours truly,
 I'M. H. Smith. President"
 Montgomery, August 2A 19OT. Hon. Milton H. Smith President Louis-
 vile and Nashville Railroad Com
 pany, Louisville. Ky.
 My Dear Sir:-Yours of the 18th re- ceived and noted.
 without discussing the facts in the case. on which naturally we would diff fer very much, I regret that you thought 1t would be unproductive of good results that we should have a con- ference regarding the adoption by your company of the recent legislative acts of the State.
 Enclosed find clipping from todayR paper cvidencing what I think Is tho