The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-09

the right to enforce penalties or take
| action against the railroads Tor VIOLA
lions of such statutes. -,
| "The Louisville and Nashville Rail
road and the South and North Railroad
| asked, in addition. an inJunction
against the application, In as far as
they were concerned, of Senate Bill
No. Is, making freight rates as Oh
January LIST, maximum rates.
The Louisville and Nashville Rail
road, for itself. and as operating the
South and North. did, after January
LIST. and before the application Tor an
Injunction, withdraw great many
| commodity rates that had been In Ell
feet in the State for a greater or less
number of years, and applied In their
stead, mileage rates, which were. IN
many instances. very much higher tnan
these commodity rates.
"A temporary restraining order has
been granted by the court against the
Railroad Commission covering the laws
cited by the different railroads as being
unreasonable and unjust and which.
they claimed, in case OF application,
would work serious injury to them and
result in the partial or entire confsca-
tion of their property and In requir-
ing them to perform service without
reasonable return.
whether or not the contention of
the railroads Is correct will have to be
shown to the court through the intro
duction of evidence by the railroads
and the Railroad Commission OF Ala
bama.
1.-THE railroads, of course, from their
records will be able to present vol
luminous figures going to prove their
contention to be correct.
The Railroad Commission will ne
cessarny have to do an immense
amount of work in securing and tabu-
lating the facts and putting them into
shape of proper evidence for submits
sion to the court, showing the correct
ness of the contention of the citizens
of Alabama and the incorrectness of
the figures and deductions presented
by the railroads. The gatherings and
| presentation of the evidence by the
| railroads and the commission VIII
likely consume much time before all
the evidence is presented to the court
and the court is enabled to make
! final decision.
''In the meantime the court has re-
| quired contesting railroads to furnish
| bonds in various amounts. according
| to the business done by such railroad,
| the stipulation of the bond being that,
in case the final decision of the court
is in favor of the contention of the
| State, out of the bond Is to be paid to
shippers the amount of freight which
| they may have paid to the railroads,
during the time of the hearing of this
cause, in excess of the rates named as
lawful and reasonable by the Legisla-
ture. In order that shippers may get
the benefit of this return of freight
they should be careful to keep a file
of those expense bills which show a
rate paid in excess of the rate speci-
| flied in Senate Bills No. Is and No. 16.
There is another point to which the
commission invites the attention of the
shippers, that is to articles on which
the Louisville and Nashville Railroad
has advanced rates since January !,
1907.
| Wants Notice of Any Raises.
Since the State law, Senate Bill No.
Is Is not applicable to the Louisville
and Nashville Railroad, on account of
the restraining order. the commission
has no authority to require changes on
the Louisville and Nashville Railroad
from their present advanced rates, but
1t Is important that the commission
should be advised by shippers of all
rates which have been advanced by
the Louisville and Nashville, with a
statement showing the rate in effect
January 1, 1907, and the present rate,
and the approximate length of time
that rates had been in effect prior to
January /. 1907 In case these rates
In themselves nave Deen ADVANCED HI
an unreasonable way, the commission
feels that by bringing such rates to
the attention of the court, that relief
IN the specific instances may be Sc
cured through ruling of the court
without waiting for the final adjudica-
ton of the general questions involved
THE commission realizes that these
advanced rates in some instances may
be of such a character as to prevent
the continuance of a business on a
profitable basis in which citizens may
have been engaged In the past and may
have invested their capital. and 1t is,
therefore, important for these individ-
ual interests that cases of this kind
be brought specifically to the atten-
tion of the court.
The commission feels sure that II
all the facts relating to the transpor-
tation of freight and passengers with
| in the State of Alabama can be put be-
fore the court, a decision in favor of
the State will finally be gained. ana to
this end we ask the hearty co-opera-
ton, aid and suggestions of all citt-
zens.
The commission feels greatly its re-
| sponsibility under the circumstances
and are sure that final satisfactory re-
ults will only be obtained by pains
taking care on their part and full
co-operation with them of all branches
of the state administration and the full
advice and aid of citizens of the
State.
I'VE are sure that Alabama and its
citizens desire only what they are just
ly entitled to and that in their con-
tention, as represented in the acts of
the Legislature, which are now on
trial. that only their just rights have
been asked for.
I'VE must however. be prepared to
present facts that will prove this con-
tention.
yours very truly,
Charles Henderson,