The Montgomery advertiser., 1907-10-09

 and the Western Union Telegraph Com pany in which the commission was petitioned to investigate the conduct of offices on these two companies, and to force them to open others.
 A. L. Payne. of Atlanta. represent ing the Postal Telegraph Company. ape pealed for that corporation and asked for a continuance, which was granted. the case going over until October Fl. Ar, Payne took occasion. however. to state that this was not the first move of the kind that has been made by the striking telegraphers, and they seemed to want to harass the companies as much as possible, as we'll as to take up the time of the commission. , Mir Payne denied that his office ac- cepted telegrams for offices which could not handle them expeditely, and stated that even telegarms to large of fices were marked with a special stamp that they are subject to delay.
 Ray Rushton, representing the Western Union, joined with MT. Payne in asking for a continuance, stating that 1t would be impossible to make q showing at yesterdays session.
 T believe that if we are given time we will be able to secure evidence which will convince you that we. are doing everything that is possible. I have a telegram today from our gen eral offices which states that every thing possible is being done to put all of the offices in the same condition as they were before the strike, and in many of them we have been success full"
 Only one Ofice Closed.
 Several witnesses were examined, and 1t was shown that there is only one office of the Western Union in Alabama, where there is not an oper- tor. This office is at Centreville. and it is expected to have one there in a short while.
 In speaking. fot the Commission President Henderson stated that it was not his desire to harrass or to force unjust measures on corporations, but that the Commission wanted to be in thorough touch with public ser vice corporations, and desiied to see that the public was treated fairly. The hearing was continued until Octo- Der 21.
 The next case called was that in which the railway attorneys present joined in protesting against. It was the petition of tho Industrial and Com- mercial Association of Union Springs ii which 1t is charged that there is discrimination against Union Springs, on compressed cotton, for the reason that the compress at that point is an independent one and not included in the presses which are being operated by the corporation which controls nearly all of the presses in the South.
 This case has attracted widespread attention, all the more because IL brings to view another phase of the injunction proceedings in which there has been clash of Jurisdiction.
 Before this case was gone into, com missioner Nesbitt stated that owing to the fact tfSit he is interested in the cotton compressing business, he de- sired to be excused from sitting in this particular case. He was excused.
 Then Chairman Henderson asked the attorneys present if they had any thing to say as to whether Or not the petition of the Union Springs Asso- eiation should not be granted, Major Steiner rose to his feet and entered his protest.
 Major Steiner said that he repre- sented the Seaboard Air Line and the Central of Georgia Railway, and that as the Seaboard did not not have a line into Union Springs, that he would ask that this road be left out of the proceedings altogether, as tne cotton which the Seaboard gets out of Union Springs is delivered 10 IL Oy o'hei roads.
 s'For the reason that the Federal Court of this district has granted an Injunction restraining the State from enforcing a rate bill which will re- duce the revenue of the roads, would like to insist that this matter De de- ferred until there mas been a maj I,a judgment as to whether or not. tne state has a right to revise our freight ana messenger rates to such an extent that untold damage is done.
 "Tt is not and never has been the nurnose of the railroads to be dis respectful or arbitrary in matters that this commission has to deal wltn' put there are times when we want 10 snow where we are done an injustice ana in view of the fact that the Federal court has enjoined against the 1lO commodity list, in which cotton Is one of the items. I, for the central or Georgia, decline to make showing ol any kind"
 Replying to Major Steiner, Chairman Henderson said that the commission had gone over this matter carefully on a previous occasion and hao come ~ the conclusion that it had perfect right to take up the articles separate lv ont the commodity list, especially where there were charges of discrimi- nation. such as were contained in the netition of the Union Springs concern
 IL V. Smith, representing the Louis- vile and Nashville, took the same view as Major Steiner stating that his com many had secured an injunction against the State of Alabama ta prevent US enforcing the 110 commodity Dill. In thIs hill cotton is one of the commo- dities. and therefore argued MT. smith, is not now within the Jurisdiction or the railroad commission of Alabama In fixing rates.
 Mir, smith said that he did not want to he understood as refusing to go into an investigation of the merits Of this ease. but that he pleaded for an abate- ment He wanted the commission to understand that he felt that the road should make its side known, but that if was a useless procedure in the face of the fact, that there is to be final settlement of the pending injunction soon.
 Examination of Witnesses.
 Chairman Henderson insisted that as witnesses had been summoned from A distance, the commission could go into the case. In the examination of the witnesses Thomas Frazier acted for the Commercial and Industrial As sociation.
 Judge Singleton is a well known business man of Union Springs, and closely connected with the cotton in- terests of the county. He said that there Is a compress at Union Springs with a capacity of 100 bales per hour. This press, he said, was owned by a stock company independent of the trust which owns and controls nearly every warehouse in the South.
 He intimated that it was because of the influence brought to bear on the