The Montgomery advertiser., 1907-08-10

upon and along its lines between points wholly within the State Of Alabama would have been not only seriously inconvenienced by such q step. but in many cases absolutely ruined.
 "on the other hand. if the railway company and It's agents and employees were to be subject to constant in dictments for engaging in this busi- ness, a demoralfzation would have fol- lowed which would have rendered 1t impossible to perform an orderly and efficient public service.
 "rhe Southern Railway Company felt itself obliged, not only to refrain from bringing about any such result, but to do everything In It's power and make every public sacrifice to pre- vent such a deplorable state of affairs from arising.
 Accordingly 1t immediately opened negotiations with the public authort- ties of the State of Alabama in an ear- nest endeayor to bring about peace able and orderly solution of the whole difficulty. It was demanded of the Southern Railway Company that it should, pending the determination of the fairness and reasonableness of the passenger and freight rates fixed by the acts of the Legislature, give up the protection of the interlocutory in- junction, although accorded to 1t by the laws of Alabama, and pending the final determination of it's cause, put these rates into effect.
 Tt was apparent that the result of such action would be that if the south ern Railway Company made good it's claim that these rates were unreason- able and confiscatory. it would lose, without recall, the difference between It's valid rates and these lower rates. for the period that must elapse until a final decree should be rendered by the court in it's pending case.
 "On the other hand, the Southern Railway Company had by the execu- tion of ample bond. with unprecedented security, protected the patrons against loss should the final decison be that the statutory rates were reasonable and just.
 Southern Railway Company had in the States of North Carolina and Virginia yielded the protection of similar in- terlocutory injunctions as to passen- ger rates established by these two States. and on this account there seemed to be some reason why the Southern Railway Company should make similar concession to the peo- pie of the State of SAlabama-
 A to freight rates. In North Carolna while the Southern Railway had given up the protection of the interlocutory decrees as tp passenger rates, 1t had not as to freight rates
 ssrt was. However, insisted by the public authorities of Alabama that in this state there should be the further concession in regard to freight rates, and it was required as a prerequisite to a settlement of differences that these freight rates should presently be put into effect just as the passen- ger rates.
 "The southern Railway Company. while satisfied that 1t was proceeding in a legal and orderly way in defense of It's property rights, after careful consideration of the matter, did not believe that it would be justified in standing out against this demand, but that fin the interest of peaceapie and orderly conduct of it's affairs, and the avoidance of angry controversy, 1t was performing its public duty and sub- serving its public uses to make this concession.
 An agreement was accordingly ar- rived at upon substantially the fol- lowing terms: The cancellation of the license was revoked and the Southern Railway Company will put in the statutory passenger and freight rates on or before September 1 and continue them until Its case is decided on it's merits.
 Respectfully.
 "Southern Railway Company.
 By J. s. B. Thompson,
 Assistant to the President.
 Montgomery. Ala. August 9, 1907.