The Birmingham age-herald., 1907-10-25
THINKS COMER IS
 VIOLATING THE LAW
PROTEST MADE AGAINST AGREE MENT ENTERED INTO BETWEEN
 CoMER AND CERTAIN ROADS. SMITHS CHARGE WELL TAKEN.
To the Editor of The Age-Herald:

To the Editor of The Age-Herald:
 The newspapers of the state, with very few exceptions, have been continually denouncing the Louisville and Nashville and Central of Georgia railroads, or ra ther the officials of those roads, for Ire fusing to obey the law of the state or Alabama" while at the same time hand ing bouquets to the Southern and the Mo- bile and Ohio for submitting to the die tates or threats of Governor Conner ct al., but not a single newspaper which has de- nounced the Louisville and Nashville and the Central of Georgia for refusing to obey the law" has uttered one word of protest or denunciaton against the agree ment entered into by and between B. B. Conner, governor of Alabama and W. w.. Finley, acting for and representing the Southern Railroad company and the Ala bama Great Southern Railroad com pany and F. l.. Russell, acting for and representing the Mobile and Ohio Rail- road company, to wilfully, deliberately and wantonly violate and dsobey the law of the state enacted by the last legisla- lure, entitled, "An act to prescribe and regulate passenger rates on all railroads other than street railroads carrying pas- sengers between points within the state of Alabama, and which act was approved Dy Governor B. Bragg Conner on February h. 1907. This is the act which provides that railroads over 100 miles in length shall not charge exceeding 21a cents per mile per passenger for carrying passen- int to n oama" And this is one of the laws ob- lected to by the Louisville and Nashville and Central of Georgia railroads.
 Now, by what authority-except bragg and bluster-could Conner and Finley and Russell enter into d legal and binding agreement in the face of this law, to put a 254 cent passenger rate into effect on the lines represented by Finley and Russell on December l. 1907 and to charge cents per mile when the fare is paid on the trains? Does not the law expressly Say that railroads shall not charge exceed ing 212 cents per mile?" Now, if in the face of a law existing on the statute book these railroads charge 2% cents a mile, where tickets are first purchased and 3 cents q mile where fare is paid on the train are they not as guilty of Vio- lating the law, agreement or no agree ment, Ss the Louisville and Nashville and the Central of Georgia, who charge , cents d mie but give rebate check good for the difference between 2l@ and cents in case the supreme court of the United States decides that the 21a cent rate law is valid and constitutional. for in such case the passenger will recover back the excess he paid while under the Illegal agreement entered into between Conner and Finley and Russell, if the law is de- cided to be constitutional, the passenger will not be able to recover a cent.
 1t is manfestly clear to a thinking man, even though not lawyer. that such an agreement as the one entered into be- tween these three individuals is Illegal, irregular, ineffective and none-enforce- able. for if it were otherwise then there would be no necessity for legislature, railroad commission or courts, for the governor would be the whole thing-su- preme and omnipotent.
 I think it was well stated by NJ. IT, smith, president of the Louisville and Nashville Railroad company, in his open letter to Governor Conner, and which was printed in The Age-Herald of today, when he said.
 Tn answer to your appeal to compio mise, to settle the pending litigation be- tween the Louisville and Nashville and South and North Alabama roads and the state upon terms similar to those agreed upon with the Southern railway and affiliated lines, l stated that while the terms you suggested might be some what less eonfiscatory than those fixed by the statutes. they could not be con sidered, and that it was not to the in terest of the citizens of Alabama that the important matter should be adjusted in such an irregular. illegal, ineffective and non-enforCeable manner; that in the exc cution of the agreement with the South ern railway and allied lines you had as- sumed, or attempted to usurp. the duties necessarily devoving upon the railroad commission the legislature and the courts"
 In view of this agreement it looks to me as though those who nave been loudly denouncing those roads who stood upon their rights of appeal to a higher court, donominating them as law breakers, etc, are now estopped from making such charges unless they include in their de- nunciation Conner. Finley and Russell.
 THOMAS NJ. ROGERS.
 Birmingham, October "A, l901