The Montgomery advertiser., 1907-08-07

terms Of the act. IhhS cas& was not removed with any idea of maIx- fnR a test case, or of defying the state authorities. My ewR judg- ment Is that Secretary Julian simply made a mistake, without intending to do so, and that there has been no cause whatever for a revocation of this Ii- snse.1-Division Counsel James Wealth. sey.
 compromise was in the air yesterday 5e regard to the controversy be- tw-sn the officials of the State of Ala bama and of the Southern Railway. And the issuance, at midnight, or statement of the position taken by the railroad attorneys, and of an in- terview with Col. E. l.. Russell, both declaring there was no intention of de- lying the authority of the State. did not tend to dispel the idea of conn promise.
 onference, the first that has been
 nee the action of Secretary of
 tlian in revoking the franchise
 Southern Railway, was held
 v morning between acvernor
 
 tnd Colonel Russell. as repre-
 s of the contending parties.
 ing was given out, concern s.a snv conferences.
 It is known, however, that an oner of compromise was made oy the .doN. ernor, and that offer. while It was not satisfactory. was the subject or Ienrthy conference later among the eor1hern officials now in the city. In fhis conference J. S. B. Thompson CT Atlanta assistant to President Finley, CoIonel Russell Vice-President ana Gsneral Manager of the Mobile and Ohio. road allied to the Sootnern: Division Counsel James WeatnefIy oi Birmingham of the Southern. CounseI H Price of Mobile. of the Mobile and Ohio and one or two other attor- neys participated. were bent toward securing some sort of A compromise between the two. Last evening the prospects Tor set hui there seemed a disposition on hoth sides not to take any steps In this crisis which might presipitate trouble.
 One story that was passing muster on the streets yesterday afternoon was that the State and the Southern had ahout agreed to the terms of com nrorise. by the erms of which the rail
 to accede to the demands Of
 :, insofar as the two and a
 t passenger fare law is con
 and that thes other contro- snaetments were to remain in- nee se pending a final decision on s4e.. ,nstitutionality.
 ais story is not generally cred -T deed, it may be stated with
 ARTeA- ment has been maGs. And if such suggestion has been offered by the State it has not been ,Lecepted by the representatives of the railroad.
 The only development in the sit uation during the day yesterday was the visit of Colonel F. L. Russell, who is here as the personal rep resentative and at The personal re- quest of President Finley of the South- ern. to Governor Conner.
 The two men were closered for gome time, discussing the various phases of the situation, and ir is said that their discussions took wide range, cover ing practically every material point in the long series of litightions up to the revocation of shs Franchise of the Southern Railway by Secretary of State Julian.
 Conner Talks of Conference.
 Shortly after the conference, Cover 
 statement in reference to the matter: Tt is true l have had a conference with Colonel Russell. Matters at va- riance between the State and the South ern Railroad were discussed. Some tentative propositions were made. and further conferences will DC held. do not feel at liberty at this time to state what these propositions were, but the matter is being considered"
 When seen by reporter for The Advertiser last evening. and questioned regarding the railroad situation, Gov ornor Conner immedidteiy began talk ing of other matters. leaving the query unanswered.
 The representatives of the railroad had nothing to say all during the day. but at midnight a statement was giv- en to the press by Hon. James Weath- erly, Division Counsel of the South ern. at Birmingham, who has had charge of the litigation for the South ern. so far as Alabama attorneys are concerned, from Its inception.
 No Basis for Revocation.
 In this statement a history of the basis for the revocation of the charter of the road by Secretary of State Jul ian was gone into. and it was shown that under the law acted upon by that official, the case removed from the State to the Federal courts did not give a legal basis for such action. The statement in full follows:
 ''Ny first information that Secretary of state Julian had cancelled the IT, cense of the Southern Railway Com pany to do business in Alabama came to me when I was in North Carolina last week, where I had gone to see my family, and especially to spend a