The Montgomery advertiser., 1907-09-01
REPORTS ON
 EXCEPTIONS Special Master Stratton Submits Findings. DECIDES PARTLY FOR EACH Sustains Five Exceptions and Over
 rules light. Text of Ills Report ts United states Court on Five of the More Import ant Exceptions to Answer By
 Railroad.
DECIDES PARTLY FOR EACH


 bearing on the exceptions of the com
 p4ainant to the answer of the defend- | an in the case of the South and North
 Alabama Railroad Company vs. the
 Railroad Commission of Alabama
 This case has to do with the injunct- ion granted the South and North Rail-
 road ,suspending the operation of the State 2 Ia cent passenger and the 1l0 commodi .ies freight rate laws.
 In his report Ju-ge Stratton says that the answer of the defendants con- z of twenty-five paragraphs. to which answer the plaintiff filed thir- teen exceptions
 What seem to be the most interesting exceptions passed on by the master are exceptions Nos. z, 9. II. i2 and 13 on which Judge Stratton reported as fol- lows:
 The seventh exception, which calls in question the eleventh paragraph of l the said answer wherein a comparison | of rates existing in Alabama and in an adjoining State. and in several nearby 1 States, is set forth with some minute- ness of ,taii. it is not thought ta amount ! to impertinence. But on the contrary. the facts thus sought to be elicited un- | der the Legations of the paragraph are relevant.
 Besides. in passing upon the sum- 1 ciency of the paragraph of the answer, | the question to be determined is not ! wh sther the evidence Is sufficient, but
 neither there is any evidence. Mir. | Justice Harlan. In Smyths vs. Ames. | i6s U. S.. $40. holds this comparison of State rates. as come evidence. though of small value. unless all the elements that enter into the problem are pre- sented.' This seems decisive of this exception.
 sHence If this comparison of rates of several States constitute any evid- ence at all. there must be an allega- tion which authorized it's admission by the party who seeks to receive the ben- eft of such evidence. The value Of this evidence. as well as the weight to be attached to it, depends upon the ap- proximate similarity of conditions ex- isting in the States whose rates are sought to be compared. It is subn1it- ted that if this comparison affords any evidence. however slight. the exception to the allegation under which 1t may be admitted should be overruled.
 "The ninth exception to the fol- lowing extract from the eighteenth paragraph of said answer to wit, and they aver uat said rates on said ar ticles were raised by said Louisville and Nashville Railroad Company tor complainant solely for the purpose cf antIcipatinK. and svading the effect Of said act then on it's rassage; that seid Louisville and Nashville Railroad Com pany being advised that said act vas in it's passage. and of It's terms. rais- ed said rates for complainant. in an efrort to make the same, by operation of said act. the maximum rate to be charged therefor instead of the rates fixed by it, and then in force. and de- fendants aver that said rates would not have been raised but for said proposed leg~ isIation: and defendants further aver -A Ia AaN ing of the intention of complainant. and other railroads to so defeat the fair and reasonable purpose of said act of establishing the rates fixed by complainant. and said other railroads as the maximum rates to be charged by them amended said bill upon its passage so as to make the rates in force on January 1. 1907. being the rates in force prior to said unlawful charges, the maximum rates. must be sustained
 s'sThere is nothing shown in the bill or answer. no feature of the case ss presented by the pleadings which makes material or relevant the motive which induced the complainant to change the rates, or the Legislature to change the law in the manner alleged. and such motive is in no way responsive to any issue in this cause. nor does it appear how the motive for these changes in the rates by the roads or the change in the laws by the State of Alabama. could in any manner tend to establish that evidence of intention is not ad- missIble excert when it Is an essential fact to be ascertained. 9s Ala, Al.
 "The Eleventh Exception which Is lodged against that part of paragraph eighteen of the answer which relates to the raise in rates by complainant prior to March 18th. 1907, and subse- quent to January 1st. 1901 should be overruled, because 1t Is submitted that the part of the answer excepted to is but a proper negative of the paragraph of the bill to which it relates.
 'The Twelfth Exception Is lnterposed to the following extract from the eigh- teenth paragraph of said answer. to wit: And defendant aver that tt Is manifest from said action of complain ant that said increases made by and for complainant over said rates m force January 1st, 1907. were not intended by 1t to be permanent or as rates to be demanded by 1t for such services and were not made in good faith as nec- essary to afford 1t reasonable compen- sation as averred in said bill. but were intended solely to give it outside fig- ures fixed as above shown in some instances at rates prohibitive of in- tra a-state traffic within which to raise or lower said rates from time to time as its policy suggested or required to the great and irreparable injury of ship pers in the State ol Alabama. depend ing upon it. as a common carrier for transportation of said commodities.'
 Tt is submitted that the exception to this part of said paragraph eigh- teen of the answer is well taken and that the exception should be sustained, because the intention with which this act is done is immaterial. and in no manner tends to establish what is a fair and reasonable rate in this case.
 The thirteenth exception taken to the following passage from paragraph l9 of said answer and they aver that said acts were enacted solely to cor rect evils and injustice practiced by complainant and the other railroads in said intra- State trafic' It is respect fully submitted that this exception to this part of paragraph 19 of the an swer is we'll taken and should be sus tained. and it is not seen how whatever may have been the motive of the Leg isiature of Alabama for the passage of the acts referred to that that mo- tive can have any influence or in any way tend to the ascertainment of what are just and reasonable rates. one of the main issues in this cause.
 The special master further states that he reports that exceptions mum bered 5, 6, g. 12 and IS should be sustained and all the rest overruled and that arriving at the conclusions reached by him. he has kept steadily in