The Birmingham age-herald., 1907-05-09

1 penalties which may be applied to rail- 1 roads or their employees charging higher 1 rates for freight or passenger service 1 than those named by law or the com mission or for violating the rules or | regulations named by law or the com mission for the conduct of the business of common carriers in the state. l Senate bill IT names a method of pro- l cedure by which any railroad corporation l or individual doing business common 1 carriers in the state may appeal from the rulings of the commission. or from the rates or regulations named by the | legislature, to the courts of the state for relief from rates or regulations which are deemed unreasonable or unjust Senate bill 2l9 provides for the revoca- ton of the license of the common car- | riers which appeal from any ruling of the commission or requirements of the legis- lature or decisions of a state court to the United States court.
 at Montgomery for an injunction to pre- vent the application of the following laws:
 Senate bill 5, naming passenger rates. Senate bill 16, naming rates of freight on certain articles.
 Senate bill 210, providing for the revo- cation of licenses of common carriers and all laws fixing penalties or giving to the railroad commission the right to enforce fNAA''ANANta roads for violations of such statutes The Louisville and Nashville railroad, and the South and North railroad. asked, in addition, an injunction against the ap- plication in as far as they were concerned of senate bill 15 making freight rates as of January l, maximum rates The Louisville and Nashville railroad for itself and as operating the South and North, did, after January l, and before the application for an injunction, with draw a great many commodity rates that had been in effect In the state for a greater or less number of years and ap- piled in their stead mileage rates, which were, in many instances, very much high CT than those 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 to them, and which they claimed, in case of application, would work serious injury to them and result in the partial or entire confscation of their property and in requiring them to perform service without reasonable re- turn.
 Whether or not the contention of the railroads is correct will have to be shown to the court through the introduction of evidence by the railroads and the rail- road commission of Alabama.
 The railroads, of course, from their records will be able to present volumin- ous figures going to prove their conten- ton to be correct.
 Much Work Ahead.
 The railroad commission will necessarily have to do an immense amount of work in securing and tabulating the facts and putting them into shape of proper evil dence for submission to the court, show ing the correctness of the contention of the citizens of Alabama and the incor- rectness of the figures and deductions presented by the railroads. The gathering and presentation of the evidence by the railroads and the commission will likely consume much time before all the evil dence is presented to the court and the court Is enabled to make a final decision In the meantime the court has required contesting railroads to furnish bonds in various amounts, according to the busi- ness 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 DeneHl or tnlS return or IrefBnl they should be careful to keep a file of those expense bills which show a rate paid in excess of the rate specified in senate bills 15 and 16
 There is another point to which the commission invites the attention of ship pers. that is, to articles on which the Louisville and Nashville railroad has ad- vanced rates since January l, 19o7
 Has No Authority.
 Since the state law, senate bill 15, is not applicable to the Louisville and Nash vile railroad, on account of the restrain ing order, the commission has no author- ity to require changes on the Louisville and Nashville railroad from their pres ent advanced rates, but it is important that the commission should be advised by shippers of all rates which have been advanced by the Louisville and Nashville with statement showing the rate in eff feet January 1, 1907. and the present rate, and the approximate length of time that rates had been in effect prior to January 1, 1907. In case these rates in themselves have been advanced in an unreasonable way, the commission feels that by bring ing such rates to the attention of the court, that relief in these specific in- stances may be secured through a ruling of the court without waiting for the final duJuulCdtlOn or the general questions lil- volYed.
 The commission realizes that these ad- vanced rates in some instances may be of such a character as to prevent the con- tnuance of a business on a profitable basis in which citizens may have been engaged in the past and may have in- vested their capital, and 1t is, therefore, important for these individual interests that cases of this kind be brought spe- officially to the attention of the court.
 The commission feels sure that, If all the facts relating to the transportation of freight and passengers within the state of Alabama can be put before the court, a decision in favor of the state will fin ally be gained, and to this end we ask the hearty cooperation, aid and sug- gestions of all citizens.
 Victory for State.
 The commission feels greatly it's respon- sibiity under the circumstances, and are sure that final satisfactory results will only be obtained by painstaking care on their part and full cooperation with them of all branches of the state admin istration and the full advice and aid of citizens of the state.
 We are sure that Alabama and it's citi- zens desire only what they are justly en- titled to- and that in their contention. represented in the acts of the legislature, which are now on trial, that only their just rights have been asked for.
 We must, however, be prepared to pre- sent fcts that will prove this contention. Yours very truly,
 CHARLES HENDERSON,
 President.